In comparison with other forms of non-profit associations of citizens garage-consumer cooperative has a number of features. They must be taken into account at the planning stage of the society. Let's consider further how to create a ha rye cooperative.

Training

Before that, you need to find people who will form an initiative group. At this stage, the organizational skills of the creator will become important. It is necessary to interest car owners in the benefits that a garage cooperative provides. Owning a garage is the dream of every car owner. However, not everyone can afford it. The best way out of this situation would be. It may include people united by the place of residence or work, other signs. It should be said right away that the preparatory stage is considered the most time-consuming. It can take quite a long time.

Important Steps

The initiative group needs to develop a charter for a garage cooperative. It describes issues related to the creation of common property, sources of funds. Usually, garage building cooperative exists on entrance and share fees. Other payments may also apply. An important step is state registration. It is produced in the territorial division of the Federal Tax Service. Constituent documents should be submitted to the tax service garage cooperative documents and statement. A prerequisite for registration is the opening of bank accounts. First of all, there must be a main r / s of the association. In addition, personal accounts are opened so that everyone member of the garage cooperative could make contributions.

Plot

Garage cooperative land usually provided for rent. To do this, you should contact the authorized body dealing with urban planning and use of the territory. In each region, the legislation establishes its own list of documents that must be submitted to this authority. The lease agreement is concluded after the development and registration of constituent papers and a cadastral passport for the site. This agreement is subject to registration. To start building garages, you need to draw up an agreement with a specialized company. Such an organization must be licensed. After construction is completed, agreements are concluded with operating companies. Objects that are erected garage cooperative, - property this association. To obtain a certificate, contact the registration service.

Features of registration

Registration should be in accordance with the rules established for other legal entities. Regulatory regulation of the procedure is carried out on the basis of Federal Law No. 129. In accordance with its provisions, the following papers must be submitted to the tax office in order to register the association:

1. Statement. The signature of the authorized person in it must be notarized.
2. Statute of the GSC.
3. Meeting minutes. It must contain a decision on the creation of a cooperative.
4. Receipt for payment of the fee.

The application is filled out according to f. R11001. The third section should provide complete information about the shareholders that are part of the GSK management body.

Nuances

The charter of the cooperative must contain all the information about the association. As a rule, the information is divided into several sections. The first contains general provisions. First of all, they give the full name of the association. The name must contain an indication of the subject of activity of the GSK. The address is required. The general provisions also indicate that - a legal entity that has an independent balance sheet, bank accounts, seal, stamp, forms, etc.

Features of activity

They are described in a separate section of the charter. In particular, the subject and purpose of the GSK activity are indicated. Be sure to describe the reasons why the association was created. Information on the subject of activity indicates the means by which the goal of forming a cooperative will be achieved. This may be, in particular, the conclusion of contracts for the construction of facilities, the development of projects, the laying and connection of engineering networks, etc.

Property

This section should describe matters relating to the financial position of the association. In particular, the sources of funds for which it is being created are indicated. This section also provides information that special funds will be created on the basis of GSK. Be sure to give a brief description of them. It also determines the amount and procedure for transferring entrance fees, responsibility for their non-payment or delay.

Control

As a rule, in the association are formed:

1. Supreme body. It is the general meeting.
2. Executive agency. It is led by the chairman of the garage cooperative.
3. Control body.

The competence of the general meeting includes issues related to:

1. Determining the amount of contributions and the size of financial funds.
2. Adoption of the charter, making changes to it.
3. Admission of citizens to the GSK and their exclusion.
4. Approval of cost estimates and annual balance sheet.
5. Election of the audit commission, deprivation of its powers. The general meeting also appoints the chairman of the garage cooperative.

The competence of the executive structure of the GSK includes:

1. Organization of the collection and accounting of contributions.
2. Preparation of cost plans and budgets.
3. Maintaining lists of persons in the association.
4. Preparation and approval of the meeting agenda.

The audit committee acts as a control body. Members of the board cannot be included in its composition. The competence of the commission includes issues related to the financial affairs of the GSK.

Membership

The founding documents of an association should establish the conditions for the entry of citizens, duties, legal possibilities, and responsibility. Members of the cooperative can count on:

1. Participation in management.
2. Share in profits and other payments.
3. Obtaining any information about the work of GSK.
4. Reimbursement of the contribution upon withdrawal from the association.
5. Receipt of a share of property upon liquidation of a company. The exception in this case is the funds of an indivisible fund.

Along with these opportunities, each participant is vested with the following responsibilities:

1. Comply with the provisions of constituent papers, decisions of governing bodies.
2. Comply with fire, sanitary, technical standards and rules for the maintenance of facilities.
3. Timely pay contributions and other obligatory payments.

Responsibility

AT garage cooperative rights as a legal entity, the ability to exclude a member from the association is included. This measure may apply if:

1. Systematic non-payment of contributions.
2. Violations of the provisions of the constituent papers and decisions of the governing bodies.
3. Non-compliance with the rules for the maintenance of objects.
4. Causing damage to the material values ​​​​of the association or its reputation, creating obstacles for the GSK to carry out its activities.

Liquidation/reorganization

Any structural changes in the association, as well as the termination of its work, are carried out on the basis of a decision of the meeting. Separation, merger, accession, other forms of reorganization, as well as the liquidation of GSK are carried out according to the rules established for business entities. The grounds on which the GSK may stop working, in addition to the decision of the meeting, include:

1. Judgment.
2. Recognition of the association as insolvent (bankrupt).

The charter of the cooperative must contain a description of the measures related to the liquidation.

Contributions

They act as the basis for financing the cooperative. The Civil Code provides not only shares, but also additional contributions. The following types of payments may be established in the constituent papers:

Garage in a garage cooperative

Prior to the start of the direct work of the GSK, all property belongs to the association as a legal entity, if state registration was carried out in the prescribed manner. As for the members of the society, they do not need to receive certificates from the very beginning of joining the cooperative. The legislation establishes that car places belong to those citizens who have paid the full amount of share contributions. After the construction of the boxes is completed, only the common areas will remain on the GSK balance sheet. The property will be in shared ownership. The corresponding provision is fixed by Article 244 of the Civil Code. The main purpose of the association is to provide the interested person garage. In a garage cooperative meanwhile, entrepreneurial activity can also be carried out. For example, it can be renting boxes, providing paid services to vehicle owners for repair or maintenance.

Accounting

If GSK conducts non-commercial and commercial activities, the accounting department needs to master the procedure for maintaining separate reporting. Income not taken into account when determining the base for calculating income tax, as well as targeted funds are determined in Article 251 of the Tax Code. The latter include amounts used to maintain property and conduct the main activities of the association. These funds should be received free of charge from organizations and citizens. Target income includes membership, share and entrance fees. If GSK does not have separate accounting, then these payments are subject to income tax.

Features of taxation

The profits of the cooperative are paid to equity holders. The law uses the term "corporate payment". It is worth saying that when leaving the association, the participant has the opportunity to receive its annual amount. The income of a member of the cooperative is subject to personal income tax. At the same time, GSK does not act as an agent in relation to its participants. Property tax GSK deducts only from those objects that are on the balance sheet. In liabilities according to 83 reflects additional capital. For those places that are owned by the participants, they pay the tax themselves.

Land privatization

As a rule, land is provided to the cooperative for unlimited use or long-term lease. Accordingly, the state or local authorities remain the legal owner. In order for the land to become the property, it is necessary to carry out privatization. In other words, it is necessary to buy the land from the municipality or the state. Regulatory regulation of this procedure is carried out on the basis of the RFP. As the act indicates, the owner of the garage has the exclusive right to purchase the site under it. The price of the allotment is determined by regional legislation. As a rule, the location of the object affects the cost. However, in any case, it cannot be more than the cadastral price.

Possible barriers to foreclosure

It should be noted that the privatization of a garage is possible only if it is a separate structure, has its own entrance, foundation, etc. If a citizen owns one of the boxes built in the complex, then the area under it is indivisible. Questions about the possibility of separating such objects are decided by the bodies of architecture and land use. In case of recognition of the indivisibility of the object, a person can redeem only a share in the right.

Issuance of a certificate

First of all, for the redemption of the site, you must submit an application to the local administration. Attached are:

1. Copy of Russian passport.
2. Proof that the garage is owned.
3. Extract from the USRR for the site. If no rights are established in relation to the allotment, a document indicating this is presented.
4. Cadastral passport.
5. A copy of the document on the perpetual use or lease of the site.

The application is considered for about a month. During this period, firstly, the information provided is checked for completeness and reliability. If no errors or violations are found, the administration draws up a contract of sale. The applicant is notified of the need to conclude an appropriate agreement. After that, the contract is submitted to the body that carries out state registration of rights.

Fire safety

Before registering a GSK, you must comply with all the requirements of the IB. The main activities to be carried out include:

1. Organization of the work of the fire department.
2. Design and installation of protection systems. They include alarm systems, installations for smoke removal, warning, fire extinguishing, and evacuation management.
3. Carrying out examination and audit, preparation of a declaration.
4. Perform independent risk analysis.
5. Development and production of evacuation plans.
6. Briefing with members of the cooperative. As a rule, classes are held before joining the association.
7. Development of organizational and administrative acts on industrial safety.

Prohibitions

In accordance with the requirements of regulatory enactments regulating fire safety, it is not allowed:

1. Arrangement of cars in excess of the standard, violation of the plan for the placement of vehicles, reduction of the distance between cars.
2. Blocking driveways and exit gates.
3. Carrying out thermal, blacksmithing, painting, welding, woodworking, washing parts using combustible, flammable liquids.
4. Keep vehicles with open fuel tanks, fuel or oil leaks.
5. Refuel vehicles and drain fuel.
6. Charge the car battery.
7. Warm up the motor with an open flame, use blowtorches, torches for lighting.
8. Keep furniture and other items made of flammable materials in garage boxes.
9. Leave vehicles unattended if they are leaking oil or fuel.
10. Store stocks of fuel and lubricants in excess of 20 liters, and oil more than 5 liters.

Additional prescriptions

Fuel and oil must be contained in tightly closed reliable containers. Garage boxes must be kept clean. Spilled oil or fuel is immediately covered with sand, and then removed from the premises. It is not allowed to place cars in driveways and fire breaks. All boxes must be equipped with sandboxes and fire extinguishers. It is not allowed to use fire equipment and equipment not for its intended purpose.

Conclusion

When creating a garage cooperative, much attention should be paid to the preparation of documentation. Since the volume of papers is quite large, it makes sense to entrust their preparation to qualified lawyers. Today there are quite a lot of companies offering paperwork services. Since GSK receives contributions from members, an accountant or other specialist who understands financial matters must be present as part of the association. A mandatory requirement of the legislation is the maintenance of reports and the preparation of the balance of GSK. This work, of course, should be done by a professional. In general, as noted above, the process of creating a cooperative, especially at the initial stage, is fraught with various difficulties, since one needs to know the intricacies of legislative regulations and the specifics of procedures. However, as practice shows, if all actions are carried out correctly and in accordance with the provisions of regulations, the activities of the GSK bring good profit to its participants.

When a citizen of the Russian Federation becomes the owner of a garage, he receives certain property rights that determine the range of possibilities for property management, namely: the ability to bequeath or donate an object to another person and the ability to sell / exchange / rent. Also, the owner of the garage is obliged to pay the appropriate taxes. We will discuss all aspects of the legislation affecting garage cooperatives as of 2019 below.

As far as garage cooperatives are concerned, the legislation does not differ in depth of study

The main legal document is the Civil Code of the Russian Federation. In part, the Law “On Cooperation in the USSR” of 1988 can be used.

However, due to the poor drafting of legislation relating to garage-building cooperatives, there are a lot of ambiguities in the analysis of controversial cases, as a result of which judges' verdicts are sometimes subjective.

The problem is that the garage-construction cooperative (GSK) is not a commercial organization, and most of the current regulations concern mainly commercial structures.

Legal status of garage cooperatives

Due to the lack of an adequate legal framework, there is no consensus in the legal environment regarding garage cooperatives

Since today there is no separate set of laws governing the GSK, because of this there is no clear opinion of lawyers on this issue. Sometimes inexperienced lawyers operate with legislative acts that cannot be applied to garage cooperatives. For example, 123.2, 123.3. The Civil Code of the Russian Federation, although they also explicitly state that this law does not apply to specialized cooperatives (garage, credit, and others).

Also, GSK cannot be recognized as self-regulatory organizations and laws developed for such structures cannot be used (clause 3, article 1 of the Law on Non-Commercial Organizations).

Thus, both the status and all the activities of cooperatives depend solely on the content of their charter, with the proviso that there should be no contradictions with the legislative normative acts of Russia.

Definition of the GSK concept: a garage cooperative is a structure created voluntarily by residents of the Russian Federation, aimed at providing certain conditions for storing vehicles and managing the common property of the GSK.

How is the regulation of relations in cooperatives

Since 2014, in order to legitimize the decision of the GSK meeting, at least 50% of the members must be present at it

The main instrument for regulating relations between GSK members is the general meeting. Its functions:

• Development and adoption of the charter of the garage cooperative;
• Appointment and re-election of the chairman, who is obliged to deal with organizational issues;
• Election of GSK board members (if necessary);
• Formation of the audit group;
• Solving current issues;
• Admission of new members, exclusion of old members.

Since 2014, changes have been made to the Civil Code of the Russian Federation: chapter 9.1 “Decision of meetings” has appeared, which determines what should be the number of GSK participants who will be able to make any decisions during their meeting. This is at least 50% of the total number of cooperators. During voting, the result is the decision that received the most votes.

Reference. An audit group should be created when members of the cooperative have a suspicion that the chairman or members of the board have committed illegal actions. This applies to the management of finances, common property, etc.

Gaps in the legislation, and how dishonest managers use them

The problem of GSK is that when registering institutions with the tax office, the charter of a cooperative, as a rule, is not checked, which is used by unscrupulous chairmen in order to derive personal benefit.

For example, there were cases when excluded members of cooperatives lost the opportunity to use their personal garage, which was recorded in one of the articles of the charter. Some chairmen include a clause in the text of the charter that prohibits auditing of their activities - this allows them to carry out various financial frauds.

From the point of view of the GSK participants, problems may begin when trying, for example, to privatize a site with a garage. Indeed, in this case, you will have to take the appropriate certificate from the chairman of the cooperative.

In Russia, many cases are recorded when the board of a cooperative begins, under various pretexts, to extort money from equity holders who want to receive certificates or other additional services. Various cases of conflicts were noted, in which two or more chairmen appeared within one cooperative.

Video scam example

Changes in legislation (2019)

One of the latest innovations regarding garage owners is a set of changes to Federal Law 218 “On State Registration of Real Estate”.

If earlier the owner had to prove his right to own property in the courts, now the procedure will be simplified, and going to court will not be required.

Planned improvements:

1. Simplification of the process of supplying various communications;
2. The garage is recognized as non-residential premises, which can be freely privatized, sold or insured;
3. There will be a possibility of obtaining a mortgage;
4. Registration of property with a fixed price (15-20 thousand rubles), but for veterans - free of charge.

Stages of registration of the garage in the property after the final adoption of the law:

• The future owner must collect the necessary package of papers: we are talking about certificates confirming his right to the building and land;
• The next step is to conduct a cadastral valuation, create a technical plan for the garage, and form a set of documents for submission to the tax authorities;
• The last stage is registration in the department of Rosreestr. You can also use the services of the MFC.

If there are no problems with the documents, the process should take an average of about two weeks. The amount of the state duty for registration of a garage in the property will be 2000 rubles.

Real estate specialists suggest that after the introduction of these amendments, the value of land will increase slightly, as a result, garage owners will be able to profitably sell their property, and the overall development of garage infrastructure will accelerate significantly.

Despite the confusion with legal acts and the lack of an adequate legal framework regarding GSK, there is a chance that the situation will change in the near future. At the moment, most disputes have to be resolved in courts, and the lack of relevant laws greatly complicates the course of consideration of cases and greatly lengthens the processes.

As a result, unfortunately, many judges' decisions look by no means indisputable, and garage owners very often find themselves in unpleasant situations when confusion with the laws deprives them of quite valuable property.

Reading time: 11 minutes

Today, such a form of legal entity as a garage cooperative seems to many to be outdated and irrelevant. Meanwhile, even many shareholders are not very familiar with the peculiarities of the status of such an association and the goals of its work. In addition, hundreds of GSKs still exist in Russia. Let's try to figure out what these associations are and how they work.

Laws governing the activities of GSK

Unfortunately, a unified federal law on garage cooperatives has not yet been developed, which would regulate the actions of the association for the collective management of car boxes. Moreover, the status of the GSK is the least legally defined in comparison with other cooperatives.

The following laws apply to regulate relations between a cooperative and shareholders:

1. Ch. 9.1. Civil Code of the Russian Federation, which is devoted to decisions taken at meetings of cooperatives.
2. Art. 116 of the Civil Code of the Russian Federation. It establishes the legality of the actions of the association in relation to the construction and maintenance of the boxes.

We should separately mention the legislation of the Russian Federation, which many mistakenly apply to the regulation of relations in the GSK, while in fact its provisions do not apply to garage cooperatives:

1. Law "On Agricultural Cooperation" No. 193-FZ of December 8, 1995.
2. Law "On consumer cooperation in the Russian Federation" No. 3085-I of June 19, 1992.
3. Law "On non-profit organizations" No. 7-FZ of January 12, 1996.

The concept of GSK and its advantages over other types of legal entities

It’s worth starting with how GSK is deciphered and what are its advantages over other forms of associations. The abbreviation means "garage-building cooperative". It is created by combining financial and property contributions - shares.

The goals of such an organization are to:

• build garages;
• supply them with communal resources;
• protect buildings;
• monitor the current state of structures and so on.

Therefore, the union is intended not only for the creation, but also for the maintenance of boxes.

The answer to the question of what a garage-building cooperative is will be incomplete without mentioning that the organization has:

• charter;
• governing bodies;
• territories;
• printing;
• own accounting and other attributes of a legal entity.

Most often, land is allocated to an association for perpetual use or lease. Subsequently, participants can privatize it by allocating shares in kind and transferring it to private ownership.

So, GSK is a legal entity created by combining the property and material investments of members in the construction and ongoing maintenance of car boxes.

Creation of a garage cooperative

There are situations when the buildings are already ready, but the cooperative has not yet been formed. In this case, a group of people who want to collectively service the built premises for cars, the question arises of how to create a garage cooperative from existing garages.

GSK, like any legal entity, is subject to state registration. However, before proceeding with its registration, the initiators of the creation of the association must understand:

• why it is done;
• where the association may be located;
• how it will be managed.

Even before the start of the registration procedure, like-minded people should be prepared to spend a lot of time and effort on this, because it cannot be completed in a short time.

But the joint solution of problems is beneficial from any point of view: it is faster and cheaper to erect buildings, it is more convenient to connect utility networks, it is easier to conclude contracts with contractors for the repair of buildings.

If interested parties have no idea where to start and how to organize a garage cooperative, a step-by-step instruction will look like this:

1. Meeting of the group of initiators. Most often, such people are united by a common place of residence or work.
2. Development of the charter of GSK.
3. Preparation of documents: minutes of the meeting of participants, copies of passports of shareholders, and so on.
4. Registration with the tax authority.
5. Opening a bank account.
6. Registration of the land plot on which the cooperative will be located.
7. Construction of boxes for cars.
8. State registration of GSK.

The Charter of the GSK is the main founding document in which the members of the association announce the creation of a new legal entity and determine the rules for the internal regulations and work of the cooperative.

Bylaws do not have a mandatory structure, but they usually contain the following sections:

1. General provisions: the name of the cooperative, information about its location, participants.
2. Purposes of activity and legal possibilities of association.
3. The property of the cooperative, which is the property of the organization, with an explanation of how it is formed and in what order it will be used.
4. The governing bodies of the association: the general meeting, the board, the chairman, the audit commission.
5. Rights and obligations of GSK participants.
6. Reporting.
7. Reorganization and liquidation of the association.

Activity goals

The most common goals of a cooperative are:

• obtaining land for the placement of boxes;
• their construction;
• purchase and use of equipment for the maintenance of the association;
• conclusion of contracts aimed at ensuring the activities of the organization;
• connection of buildings to utility networks and their maintenance;
• use of property to meet the needs of shareholders;
• organization of work on the protection, cleaning and landscaping of the territory.

Land plot for GSK

The territory on which it is planned to place boxes for cars is an integral complex. This means that regardless of the characteristics of the site, it belongs entirely to the cooperative and cannot be divided into separate fragments.

The indivisibility of land in the GSK leads to the fact that its position is regulated by the rules on common shared ownership (Article 244 of the Civil Code of the Russian Federation).

To obtain a territory under the GSK, you need to go through several stages:

1. Find a suitable allotment for building a cooperative. It must meet certain requirements: remoteness from residential areas, the ability to carry out construction work, and so on.
2. Write an application to the municipality to determine the purpose of the land. If it allows the construction of garages, the construction of buildings must be applied for.
3. After obtaining permission to apply for participation in the tender for the acquisition or lease of the territory.
4. Register ownership and register a deal or conclude a lease agreement.

For details of the procedure for acquiring a site, see the article.

State registration of GSK

Registration of a garage cooperative under the new law is the final stage in the creation of a legal entity. It should take place after the boxes for cars are built and put into operation.

The person responsible for passing this procedure is the chairman of the organization. He forms documents, monitors the reliability of the data provided and represents the association before state and municipal authorities.

A person creating a legal entity for the first time probably does not know how to register a garage cooperative. Meanwhile, the procedure is quite simple.

Particular attention should be paid to the minutes of the meeting of shareholders, at which a decision is made to establish a cooperative, and its charter. It is these two documents that will guide the implementation of the GSK activities by its participants and officials.

When compiling documents for registration of the GSK (application for registration, technical passport of the structure), information about the organization must be entered in the same sequence as in the Charter. Otherwise, the document will be recognized as improperly executed and registration will be denied. Step-by-step instructions on how to register a cooperative are given below.

Registering a cooperative

To register an association, you must provide the following list of documents to the Rosreestr authorities or the MFC:

• a questionnaire on the creation of a legal entity (No. P11001) with a notarized signature of the chairman of the association;
• receipt of payment of state duty;
• a notarized draft charter;
• minutes of the meeting of potential members of the organization.

If this sequence of documents for building a garage cooperative receives the approval of the registration authorities, the GSK registration procedure will be completed.

Distinctive features of the work of the association

GSK receives the status of a legal entity. However, the legal status of cooperatives is somewhat different from other forms of enterprises:

1. The creation of the association is completed only after the construction of the boxes and the payment of all share contributions.
2. Shareholders can form an NFI cooperative (an acronym meaning "indivisible asset fund"), which members cannot claim. Foreclosure on such a fund for the debts of shareholders is impossible.
3. The organization may use the labor of employees, but their number should not exceed 30% of the number of participants.
4. GSK is liable for its debts with all its property. If it is not enough, the participants bear subsidiary liability.

How GCW is managed

The main role in the daily management of the organization is played by its board. In this regard, a few words should be said about the work of the board in the cooperative garage. It consists of a chairman and an audit committee.

Of course, the main role in the management of the association is played by the general meeting of shareholders, which makes decisions on key issues by a majority vote. However, it is very inconvenient to gather all the participants for any reason. And yes, this is not always possible. To solve current problems, there is a board.

The Chairman performs a number of responsible tasks:

1. Organizes and conducts general meetings of shareholders.
2. Concludes contracts with service providers and contractors.
3. Manages the fund.
4. Represents the interests of the organization before state bodies.

The Audit Commission controls the work of the chairman, accounting and other officials of the organization, especially in relation to financial matters.

The legislation provides for the possibility of creating and functioning of other bodies. So, in Moscow there is a “Directorate of garage construction”. This is a state unitary enterprise, whose scope of activity includes the sale to private individuals of property that is under the economic jurisdiction of the city government. It is responsible for the implementation of the municipal program "People's Garage", within the framework of which the construction of boxes, their legal registration and sale are carried out.

Learn more about GSK membership

The main document that confirms membership in the association is the membership book of the garage cooperative. It contains the following information:

• Name of the shareholder;
• photo;
• his box number;
• information about the cooperative;
• date and amount of his contributions.

The document is signed by the chairman and sealed.

A membership book not only confirms a person's participation in an organization, it is needed when selling a building, registering it as a property, and in other transactions.

To become a member of the cooperative, you must write an application for entry into the GSK. The issue of admitting a new member to the association is usually put to a vote at the general meeting of shareholders.

If provided for by the Articles of Association, the decision may be taken by the chairman or the board.

If the entry of a new participant is approved, he must pay a share fee within a certain period. After that, the next edition of the charter should be registered, which will include a new member.

Exclusion and withdrawal from the cooperative

Exclusion from the members of the association is carried out by force, against the will of the person. If the participant himself wants to stop being a shareholder, the procedure is called “withdrawal”.

Consider the order of exclusion of a member:

1. The occurrence of grounds: failure to fulfill the obligations of members of the cooperative, prescribed in the charter, and so on.
2. Notification in writing of a person about the general meeting of participants, which will consider the issue of his exclusion.
3. Holding a general meeting with the issuance of an appropriate decision.
4. Notice of exclusion.
5. Payment to a former GSK member of his share contribution.

The sequence of actions for voluntary withdrawal:

1. The shareholder writes an application for withdrawal from the garage cooperative addressed to the chairman of the association.
2. At the meeting of participants, the corresponding decision is made. If the articles of association permit, the chairman may do so alone.
3. Changes are made to the statutory documents of the organization, which are then subject to state registration.
4. The former participant is paid his share contribution.

A person cannot be denied exit from the cooperative - this is his legal right. If a citizen's exit is not documented or a share contribution is not paid to him, such actions can be challenged in court.

Implementation of the liquidation and reorganization of the association

When discussing aspects of the work of the GSK, it is worth mentioning the procedures inherent in each legal entity: the reorganization and liquidation of the association.

Liquidation is the termination of a business. It can be held by the decision of the shareholders themselves or the court. You should know how the liquidation is going in 2019. To do this, you need to perform a number of actions:

1. Registration of the decision of the general meeting of participants or obtaining a court decision.
2. Notification of Rosreestr about the beginning of the procedure.
3. Appointment of the liquidation commission at the meeting of participants.
4. Placement of information in the official printed organ about the intention to liquidate the GSK.
5. Collection of information about the financial condition of the organization, collection of receivables and repayment of accounts payable.
6. Compilation of the GSK balance sheet. Note that closing a garage consumer cooperative with a zero balance is the best option, since the collection of other people's debts or the need to pay your own will not become obstacles to the liquidation of the association.

Reorganization is a change in the form of existence of a cooperative, including division into several new associations. The procedure in this case looks like this:

1. Notification of shareholders about the procedure and terms of the procedure with justification of its necessity.
2. Preparation of constituent documents for a new (new) legal entities.
3. Transfer of rights and obligations to successors. Some procedures must undergo state registration, for example, the transfer of rights to real estate.
4. Approval of documents at the general meeting of participants.
5. Inclusion in the structure of new legal entities of the shareholders of the old cooperative.

The bankruptcy of GSK is the basis for starting the liquidation procedure in court. In this case, the meeting of shareholders is not held, because the decision is made by the court. He will appoint a liquidator who:

• determine the financial condition of the organization;
• determine the order of payments on debts;
• the remaining funds, if any, will be distributed among the participants of the association.

Share contributions

GSK is created and operates at the expense of financial and property resources of its participants. The sooner you pay a share contribution to the organization's cash desk or make a cashless transfer of money to the cooperative's account, the sooner it will begin to function.

The size of the share contributed by the participant is determined at the stage of creating a legal entity and is reflected in the charter. Essentially, it should reflect the value of each box in the GSK.

Every time a person pays a part of his contribution or the full amount, information about the date, amount and payer is entered into the accounting documentation. The same data is indicated in the participant's membership book.

After the full payment of the share, the member of the association is issued a certificate of payment of the entire amount. The document is signed by the chairman of the cooperative, an accountant and certified by a seal. The certificate contains information about the date of joining the GSK, the size of the share, the date of its payment, the box number.

Potential participants are interested in the question of whether the GSK authorities can take the garage for non-payment of membership fees. If the share contribution is paid in full, then the member acquires the right of common joint ownership (share) of the cooperative, which is a kind of private property right. And private property can be deprived only by a court decision.

In order to take away a garage from such a person for non-payment of contributions, you need to go to court and prove that these actions cause damage to other participants, which is enough to deprive the rights to real estate.

Legal status of garages in GSK

There are some peculiarities in the disposal of the garage, which is part of the cooperative. The first is the reconstruction of the garage in GSK. If during its implementation the interests of other participants in the association are not affected, then it is not necessary to obtain the approval of the shareholders. After reconstruction you need:

• issue a new technical passport for the building;
• if you have the right to own a garage, obtain confirmation of this right on the basis of a registration certificate.

If the work affects the permanent supporting structures or the area of ​​\u200b\u200bthe building changes, then you must first obtain permission for reconstruction from the municipality.

The second situation is the presence of buildings that do not have an owner. In this case, the garage in the GSK can be recognized as ownerless. Since we are talking about one of the fundamental rights guaranteed by the Constitution, we will have to act through the courts. But first you should:

1. Do your best to identify the owners of the property. It is desirable to record the search process or document the efforts made.
2. Collect evidence that the cooperative spent money on the maintenance of the building: checks, receipts, acts of work performed, and so on.
3. File a claim with the court for recognition of the garage as ownerless property.

Sometimes there is an unfinished box on the territory of the association. To legalize the construction, you should find out what documents are needed for the object of construction in progress, and submit them to the registration chamber. Their list includes copies and originals:

1. Applications for registration of property rights.
2. Receipts for payment of state duty.
3. Applicant's passport.
4. Title documents for a piece of land.
5. Cadastral plan of the territory.
6. Building permits, the receipt of which is provided for by Art. 51 of the Town Planning Code of the Russian Federation.
7. The object plan drawn up in the BTI.
8. Project documentation.

The next non-standard situation is a permit for the construction of a capital garage on the territory of the GSK. The procedure is as follows:

1. Obtaining conclusions on the possibility of construction in the management of land resources, architecture, fire, environmental and sanitary-epidemiological organizations.
2. Conclusion of an agreement with a land management organization on the development of a land acquisition project.
3. Approval of the project at the session of the local council.
4. Drawing up a cadastral plan of the land plot.
5. Development of a technical passport for the building at the BTI.
6. Construction of the box and its commissioning.

Accounting and taxes

Accounting and tax accounting in a garage cooperative is based on the following principles:

1. The profitable part of the budget of the cooperative consists of membership fees of its participants, as well as profit from possible commercial activities.
2. The expenditure part, as a rule, is determined by estimates and consists of expenses necessary for the existence of a legal entity:
   • utility bills;
   • current repair of structures;
   • erection of new boxes and so on.
3. The accounting of the organization is maintained by a professional accountant or the chairman of the cooperative, if he has the necessary knowledge. Responsibilities include accounting and financial accounting, maintaining a cash book in the GSK, submitting reports to regulatory authorities.
4. A cooperative can carry out commercial activities, but this entails the need to pay taxes.
5. All money coming to the account and to the cash desk of the association, GSK manages independently as a registered legal entity.
6. In the case of an exclusively non-profit activity, the association is considered non-profit, therefore it maintains tax records according to a simplified procedure.

Features of taxation

Taxes will have to be paid in case of carrying out activities that generate income. It may include:

• rental of garages;
• profit from investing funds in bank accounts;
• conducting other business activities.

In this case, the tax and judicial practice for garage cooperatives proceed from the fact that the budget should be divided into revenue and expenditure parts. Moreover, income received from commercial activities cannot be reduced by non-commercial expenses.

If in the end the organization will have a profit, it must be divided among all participants. And from the share of each of them, the association must pay 13% income tax.

Privatization of land

After the privatization of the garage, you need to register the land under it as a property. The lack of proper documents for the site may result in the owner being required to pay a fine for misuse of the land and demolish the building.

To prevent this from happening, it is necessary to privatize the area under the box.

Land ownership

To register the right of ownership, it is necessary to write a collective application and submit it to the department of the municipality dealing with land issues.

Within a month, local authorities will consider the application and decide on the allocation of land for privatization or on further leasing for the needs of the GSK. In order to privatize the garage and the area under it, all members of the cooperative must formalize their rights to real estate.

If a decision is made to allocate land, the chairman of the SSC and the local administration sign a contract for the sale of the site. The allotment passes state registration, after which it becomes the property of the cooperative.

If the members wish, they can single out in kind a part that belongs to each person, or use real estate as a joint part of the common property of the cooperative.

Possible barriers to foreclosure

The municipality will refuse to register the ownership of the land under the boxes in the following cases:

• there is no certificate of payment of a share in the GSK;
• there are important engineering communications on the territory of the site, and construction work can damage them;
• on the territory there are driveways and passages that are actively used by other citizens, and their transfer to private hands will damage transport communications;
• not all members of the cooperative have applied;
• documents are incorrectly executed, papers provided for by law are not provided;
• the site is intended for state and social needs of the population.

Purchasing a garage in a cooperative

Often lawyers are faced with a situation where there is a sale or purchase of a garage in the GSK on a membership book. Such a transaction is possible, but there will be consequences associated with the state registration of the cooperative itself:

1. The association was created under the Soviet Union and did not undergo re-registration. When concluding a transaction, it is necessary to make appropriate entries in the book, rewrite the property registration card, and approve a new member of the cooperative. However, in this case, it is still impossible to register the garage as the property of a person. The buyer only becomes a member of the cooperative, and unregistered.
2. The cooperative is registered, but the boxes are not properly designed. The transfer of ownership of the building is still carried out within the organization, it is also impossible to obtain a certificate of ownership of the garage.
3. Boxing is registered to a private person. The usual sale and purchase of real estate is envisaged. It is not necessary to obtain the consent of the members of the cooperative.

It is also important to know whether it is possible to leave the garage cooperative if the garage is owned. The answer to it depends on what is written in the Charter. If such a clause is provided, then it is possible. If not, you will have to wait for the decision of the general meeting of shareholders or go to court.

findings

GSK or, as it is also called, GSPO garages (garage-building production association) is a legal entity that is created by a group of people for the construction, repair and maintenance of car storage boxes. The organization has its own governing bodies and means of carrying out its statutory activities. Such an association allows jointly solving the problems of garage owners, because the presence of a single organization facilitates the registration of land, the conclusion of contracts for the construction of buildings and the supply of utilities.

Lawyer. Member of the Chamber of Advocates of St. Petersburg. Experience more than 10 years. Graduated from St. Petersburg State University. I specialize in civil, family, housing, land law.

A cooperative is an organization created by citizens on a voluntary basis. In the case of a garage-building society, citizens should be understood as car owners whose common goal is to satisfy the needs associated with car storage.

In simple terms, drivers come together to create and maintain garages. In fact, GSK is a kind of consumer cooperative and is subject to mandatory state registration. The main document is the charter adopted at the general meeting by the majority of participants.

IMPORTANT! The garages built by the cooperative belong to all members of the organization.

Kinds

The organizational and legal form of a garage-building cooperative as a non-profit organization may differ:

• consumer (garage-consumer) cooperative;
• public organization;
• association or union;
• partnership of owners;
• fund;
• institution, etc.

To create a garage cooperative, the consumer form is the most common. It is characterized by the distribution of property.

Several options are possible:

1. garages belong to the cooperative, all members own a share, which is returned in case of their exit;
2. garages are owned by the members of the cooperative, and the GSK owns the common territory;
3. All property belongs to members of the cooperative.

Legislative framework

REFERENCE! Legislative norms governing the GSK are contained in the legal documents "On cooperation in the USSR" dated 05.26.1988 N 8998-XI (Article 51) of the Civil Code of the Russian Federation. There is no separate provision that would regulate the legal relations of this area of ​​activity.

The definition of a consumer cooperative is regulated by Art. 123.2 of the Civil Code of the Russian Federation. The duties and rights of members, as well as the legal status, are dealt with in the same article.

How is it created?

There is an algorithm by which a new cooperative is created:

How to become a member?

The procedure for joining a cooperative is determined by the charter. As a rule, this happens after a vote at the general meeting. If the majority voted for the admission of a new member, then they submit an application and pay an entrance fee. Membership can be confirmed by issuing a certificate.

Membership fee

GSK lives off membership dues. It is the duty of all people who are members of the cooperative to pay them. Contributions must cover the needs of the GSK. Like all other issues, it is determined by a general vote at the meeting. Contributions are:

• introductory;
• membership;
• shares;
• target;
• unscheduled.

IMPORTANT! For non-payment of the contribution, the member of the cooperative bears the responsibility provided for in the charter.

Heating and power supply

By Decree of the Government of the Russian Federation of December 29, 2011 No. 1178, garage cooperatives that use electricity only for personal needs belong to the group of consumers equated to the population.

Tariffs for them are regulated by the Regional Service for Tariffs and Pricing. Based on the set tariff, payment for electricity, heating and other communications is carried out from the trust fund of the cooperative allocated for these needs. The fund is funded by membership fees. The service connection agreement is concluded with a legal entity, that is, with a garage cooperative, and not with each of its individual members.

Is trading legal?

The existence of GSK does not provide for profit, however, does not exclude entrepreneurial activity. An example would be the provision of services related to the sale of auto parts in the territory or the repair of a car. Renting empty boxes to persons who are not members of the GSK or selling real estate can only be a commercial organization, which the consumer cooperative is not.

Board organization

The following positions should be prescribed in the charter:

• Supervisor- Chairman of the GSK.
• Government is a meeting of members of the cooperative. According to the rules, it should take place at least twice a year. Issues are put on the agenda, the decision on which is made by the opinion of the majority.
• Execution body- management of the cooperative. Just like the leader, they are chosen by voting. Consists of at least three people.
• Supervisory body- audit committee. It is selected from among those who wish and exercises control over the activities of the cooperative.

Who is the chairman, what are his rights and duties?

The chairman is the person who is at the head of the cooperative. It is chosen by the general vote by the opinion of the majority of participants. Main responsibilities of the leader:

• hold general meetings;
• manage money;
• conclude contracts on behalf of the organization.

In addition to duties, there are also rights. The chairman can dispose of common property without trust documents, make management decisions and act on behalf of the cooperative in accordance with the rules of the charter. Also The chairman has the right to receive wages for his activities.

How is accounting conducted and what taxes are paid?

Despite the fact that GSK are recognized as non-profit organizations, like any other legal entity, it is obliged to pay taxes. A number of benefits have been introduced specifically for them. Features of taxation and other payments for cooperatives:

How is performance review or audit carried out?

The purpose of the audit in the GSK is to study the documentation and the territory of the cooperative for the presence of violations. A scheduled audit occurs once every three years., however, there is a list of violations described in Law No. 294-FZ, which may be of interest to the prosecutor's office.

What to do if the chairman exceeds his authority?

If a member of the cooperative is not satisfied with the actions of the chairman, he can provoke an unscheduled inspection. What is recommended to start checking? For this you need:

1. collect evidence of violations committed by management;
2. in free form write a statement;
3. submit it to the prosecutor.

ATTENTION! After the review, the employee will visit the garage cooperative to check the activities.

GSK Documents

Charter

The Charter is the main document of the GSK, in which all the rules and regulations are prescribed. This document should be given special attention, since there are certain requirements for its compilation. Must contain:

1. General position. It contains the name and address of the organization, as well as its exact activities.
2. Goals and ways to achieve them. An example would be the conclusion of contracts for the construction and connection of light.
3. Finance. This section describes issues related to GSK property. Membership fees are indicated, as well as punishment for their delay and how the organization's budget will be used. You should list the funds to which it is planned to be distributed and give each item a brief description.
4. Governing bodies. List all positions and selection methods.
5. Rights and obligations of members, as well as entry rules. Membership conditions, a possible share in profits and options for participation in management are described. Duties are also prescribed: first of all, compliance with the rules of the charter, fire safety requirements, conditions for maintaining a garage box, etc. In the same paragraph, it is worth providing information on the conditions for exclusion from the cooperative. This may be a refusal to pay contributions, a gross violation of the rules or damage to common property.
6. Liquidation or reorganization of the cooperative. During the existence of the GSK, it can not only close, but also unite with another, or vice versa, split into two. Therefore, it is necessary to prescribe the conditions.
7. Reporting. The cooperative must keep paper records of activities and submit an annual accounting and tax report.

Other documentation

In addition to the charter, the garage cooperative has the following documents:

Owning a garage

The vast majority of garage cooperatives is provided by the state for unlimited use, however, the ownership remains with the state. For, in order to register real estate for yourself, you need to buy it and privatize it.

Purchase and sale transaction

The cost is determined by the regional legislature. It depends on the location and condition of the object. An important condition is that the garage must be located independently of the rest of the cooperative, that is, it must have a foundation and a separate entrance. It is impossible to redeem the entire box in the common building, only its share.

IMPORTANT! The price asked for the garage cannot exceed the cadastral value.

Separately, the right of ownership of land is formalized. To do this, you need to contact the local administration with an application and a package of documents.

What if the GSK is demolished?

Demolition of garage cooperatives in Russia is not uncommon. For this, there is even a separate state program, which aims to free up land for multi-storey construction. The seizure of land plots is regulated by Articles 280 and 282 of the Civil Code of the Russian Federation.

Basically, the demolition program for cooperatives concerns shell garages, permanent buildings are rarely touched. The decision is made by the local authority. Real estate owners have the right to demand from the state the execution of a contract of sale or monetary compensation. If the garage was installed arbitrarily, then payments for it should not be expected. Documents required to receive payment:

• property rights;
• membership book;
• the document on the basis of which the property was received.

Article 280 of the Civil Code of the Russian Federation. Use and disposal of a land plot subject to withdrawal for state or municipal needs

Persons whose rights to a land plot are terminated due to its withdrawal for state or municipal needs, until the day of termination of these rights, own, use and dispose of such a land plot at their own discretion in accordance with the law. At the same time, the persons referred to in this article shall bear the risk of attributing to them the costs and losses associated with construction, with the reconstruction of buildings, structures, the implementation of inseparable improvements, from the day they are notified of the decision to withdraw a land plot for state or municipal needs in accordance with with land law.

According to article 281 of the Civil Code of the Russian Federation, the amount of money paid for the garage must be equal to the market value.

Conclusion

GSK is one of the types of consumer cooperatives. In order to become a member, you must submit an application and pay an entrance fee. The main document of the organization is the charter, it spells out all the subtleties and monetary relations within the cooperative. Like any other legal organization, GSK operates in accordance with laws and accepted norms.

The garage for our man is not only a place to sleep for the faithful "iron horse", but also a place of spiritual relaxation. Who does not like to gather with friends in silence, discuss the latest world problems over a glass of light, eating all this with a hot barbecue on a delicious marinade ...

Yes, we urgently buy a garage, and go ahead, relax. So, where can you buy it? It's probably better in a cooperative... And here, you find yourself in a special world - a world with its own rules and laws. This is what we will talk about today: the law, the garage building cooperative and the relationship of its inhabitants.

Legislative vacuum

Speaking seriously, today we will touch on a very complex and burning topic for many citizens of the Russian Federation. The fact is that, despite the active construction of garages and the constant registration of their ownership, our law is replete with problems, because of which difficulties constantly arise. It is also not entirely clear how the activities of such communities should be regulated.

Debriefing

These problems are connected, first of all, with the fact that there is no comprehensive legal regulation of those issues that arise with the participation of such objects in civil circulation. It even remains unclear the legal status and position of members of civil construction cooperatives (GSK), including the duties and rights of their members. In general, the legislation of the garage cooperative has bypassed a bit, despite the fact that such organizations have been in the country since Soviet times.

As a result, the main legislative norms that regulate the activities are contained in several regulatory documents at once.

1. First of all, this is the Civil Code of the Russian Federation;

1. Also, the question partially affects the Law of the USSR “On Cooperation in the USSR”, dated back in 1988;

The note! This law is not applicable on the territory of the Russian Federation in relation to consumer (including agricultural) and production cooperatives. For such organizations, there is a separate regulation established by the Federal Law of the Russian Federation No. 41-FZ of May 8, 1996, which received some changes in 2011. The activities of horticultural, dacha and gardening cooperatives are also regulated by a separate document - Federal Law No. 66 of April 15, 1998.

How is the regulation of relations in GSK

It should be understood that many lawyers may be mistaken about both the legal status and the legal nature of the GSK. For this, they apply the norms of the Civil Code of the Russian Federation, as well as the Law of the Russian Federation of June 19, 1992 under the number 3085-1 “On consumer cooperation in the Russian Federation”, mistakenly believing that GSKs do not belong to those, that is, to consumer ones.

However, in accordance with paragraphs 123.2 and 123.3 of the Civil Code of the Russian Federation, a voluntary association of citizens and legal entities is considered a consumer cooperative. persons, based on membership, in order to meet their needs - material and other. Each of the members of the cooperative must make share contributions, which are combined.

Moreover, Law No. 3085-1, article 2, expressly states that the norms of the law do not apply to consumer-type cooperatives, which must operate in accordance with another law “On Agricultural Cooperation”. This also includes other cooperatives, including credit, garage and housing construction. That is, the concept of a consumer cooperative is not applicable to these societies.

The question also arises as to whether the GSK can be considered a self-regulatory organization, because any organization created in accordance with the rules of the Civil Code of the Russian Federation and Federal Law No. This point is spelled out in the Federal Law "On Self-Regulatory Organizations" No. 315-FZ of December 1, 2007, paragraph 1, article 3.

The Law on Non-Commercial Organizations, paragraph 3, article 1, directly says that it does not apply to consumer and garage cooperatives. Therefore, GSK cannot have the status of a self-regulatory organization.

As a fact, we have that the foundations governing relations in membership-based non-profit organizations have been unified as part of the reform of civil law. At the same time, the established norms and rules are contained in many legislative acts.

As a result of such transformations, it became much easier to establish the legal status of legal entities and individuals, however, the issue of non-profit organizations remained open, since many of their features and specifics of their activities were not taken into account, as well as the established and successfully applied norms and rules established for a long time. special laws.

For this reason, the logic of legal regulation in the field of activity of garage cooperatives is very lame, which is why disputes constantly arise, and sometimes everything is left to the discretion of the judges.

How dishonest managers take advantage of gaps in legislation

But now let's try what they say, "on the fingers", to figure out what the situation usually comes to in many garage cooperatives in our large country.

• So, according to the Law (clause 2) on cooperation in the USSR, which, as we found out, still partially regulates relations in such communities, the main governing body of the cooperative is the meeting of all its members, which is free to appoint as chairman to resolve current issues a certain person. In the case of large cooperatives, a board may also be elected to assist the chairman.
• The same law states that each member of the cooperative, regardless of him, has one vote, which he is free to cast at the meeting.

• That is, the exclusive authority of the general meeting is the election of the chairman, the board, and the audit commission, and most importantly, the decision to admit new members to the cooperative and exclude old ones from it.
• The charter regulates relations within the cooperative, which is also adopted at the general meeting.

Everything seems to be very clear and understandable, but in practice, everything is not so rosy and simple. As an example, let's analyze the activities of one garage cooperative in the city of Cherkessk, Karachay-Cherkess Republic.

• In the early 90s, the first meeting of the garage cooperative was held, at which the charter of this organization was adopted and the plenipotentiary chairman was elected.
• In the tax office, the organization is registered as a legal entity, after all members of the cooperative have made share contributions, before construction begins.
• Everyone is happy, the cooperative is functioning and prospering - fortunately, the chairman turned out to be a really worthy person who regularly performs his duties.
• However, in the early 2000s, the chairman dies, and some confusion ensues - as usual, few of the habitues of cooperatives are well versed in legal law.

• The cooperative itself is geographically divided by a road and during its operation, people began to delimit its parts. As a result, the participants were not able to properly gather to elect a new chairman, and as a result of all this mess, there were already two of them, after several years of confusion.
• Each newly elected "ruler" began his activity - one even managed to somehow register a cooperative without a decision of the general meeting for his relatives living in St. Petersburg, while having a good package of documents in his hands.
• And so, in 2017, developers became interested in the lands around the cooperative - old houses began to be demolished and redeemed. As a result, the frightened owners rushed to privatize the property, but it was not there.
• To do this, you need a court decision, and you can only sue if you have a certificate from the chairman, they say, indeed, this citizen has been a member of the cooperative since the beginning of its foundation or has legally acquired a garage from the previous owner, regularly pays annual fees and, in general, is the most responsible and decent person in the world.
• It turns out like this - those who paid one chairman, who was wise with documents, turn to him for documents. This comrade gives these certificates, but there is no guarantee that the court will be won, due to incomprehensible proceedings with the authorities.
• When they come to the second chairman, they hear, they say, you did not pay me anything, so let's make all the contributions, starting from the moment of his chairmanship, from 2007.
• But this is not all, because even this citizen does not actually have the entire package of necessary documents in his hands.

As a result, a general meeting of the cooperative was organized, at which, after three invitations, neither the first nor the second manager appeared. The members decided to elect a new chairman, drew up a protocol, everyone signed, and went to demand documents, to which they heard in response that the meeting was held illegally, and no one would see any documents.

There is no point in talking further, since the situation has not yet been resolved. There were threats and scandals, but it was not possible to break through the cunning document holders, and such situations are by no means an exception. Moreover, in practice there are more serious cases, and it is not clear how ordinary garage owners should be.

Last changes

As you already understood, the garage building cooperative somehow does not favor the legislation, and is in no hurry to make any decisions, and the situation continues to worsen.

• In 2014, Chapter 9.1 was included in the Civil Code of the Russian Federation, dedicated to the decision of meetings of cooperatives. These changes are very timely, in fact, and, in theory, should prevent a handful of interested persons from making decisions in favor of their interests, not paying attention to the opinion of the general meeting.

• Now, according to the new requirements, the meeting is recognized as legitimate if more than 50 percent of the participants in the cooperative took part in it. Any decision can be taken if the majority voted for it.
• Of course, now it is unprofitable for the chairman of the cooperative to hold meetings, which explains their absence. As a rule, the interests of the parties do not coincide, since ordinary owners stand up for justice, while the board is interested in collecting fees that usually end up in their pockets.

Advice! In such cases, the meeting has the right to request an independent audit, but many chairmen take care of this, introducing appropriate clauses into the charter. And, as you know, no one really reads this document when registering with the tax office, and that’s tyranny.

• And now, the necessary amendments have been adopted, and cases in the courts have only increased! Why? It's simple - another flaw on the part of legislators, which means another loophole.

• Due to the fact that the Civil Code did not clearly state that holding meetings applies to all cooperatives without exception (garage, housing, gardening, and others), the chairmen of these cooperatives have no desire to honor the law.
• Therefore, despite attempts to rectify the situation, the vacuum in the legal norms in relation to the GSK remained unfilled, and the legal status of the cooperative is established by its charter in that part of it that does not contradict the laws of the Russian Federation.
• That is, in fact, this is the problem - if the charter contains clauses that the inspection did not reveal at the registration stage, then the chairman is free to act in accordance with them, for example, to exclude the possibility of an audit.

For this reason, the question, as they say, is overdue. The legislation urgently requires the adoption of measures to regulate the regulatory framework for GSK. Shifts were outlined in 2016, when the draft Federal Law No. 1043116-6 “On the ownership of garages and garage associations” was submitted for consideration.

The adoption of this project would remove all uncertainty regarding the right of garage cooperatives, and would serve as an incentive for their development. However, nothing is known so far, but we hope that changes will take place soon.

That's all. The garage building cooperative has not forgotten the law, but as we can see, things are moving in this direction very slowly. From ourselves we advise: before undertaking any proceedings and registrations, be sure to consult with competent lawyers. You can do this online, and the price for the service will be quite affordable.