Educational program: in Russia the norms for managing common property in SNT have been changed

CrimeaPRESS reports:

On October 1, 2023, the law (351-FZ) on improving the conditions for ownership, use and disposal of common real estate comes into force. On legislative changes regarding the management of common property in SNT — in the material of experts RBC-Real Estate.

Shared property can only be transferred at a general meeting

The law streamlines property relations, primarily among owners of suburban residential real estate, garage cooperatives and other similar objects located within a certain territory, says Rostislav Agapov, head of the real estate and land relations practice at the law firm INTANA Legal.

Previously, there were cases in SNT when the owner of the site bought the road and blocked the entrance for other gardeners, demanding payment from them or simply prohibiting access to the territory. Now such actions will be considered illegal.

To transfer part of the common property located on the gardening territory to the ownership of someone else, a unanimous decision of the general meeting of owners will be required, explains Sergei Sergeev, head of the legal support of disputes in the field of public utilities and real estate management of the Yakovlev and Partners legal group. According to the expert, the transfer of common property, even for temporary use, to both SNT members and third parties is possible only if two conditions are met: at least two-thirds of the owners must vote for such a decision and no one’s rights must be violated.

The new rules mean that the SNT board will not be able, at its discretion, to transfer ownership to third parties, for example, a section of a road in a partnership, a playground or other common property. There is no complete ban on such actions, but the transaction will require the approval of the owners of plots in SNT, which can be considered a plus, adds Susana Kirakosyan.

The common property of SNT belongs to all owners

One of the main innovations of the changes in legislation is that common property (roads, playgrounds, warehouses and other infrastructure) is declared the joint property of all owners of plots on the territory of SNT. Due to the specific nature of the emergence of gardening non-profit partnerships, the issue of illegal privatization of common property is most acute here, says Sergei Sergeev. Now land owners will not have to fight for public roads, break illegally installed barriers or sue for the right to use utility networks; everything is clearly stated in the law. That is, there will probably be trials, but they will happen less frequently, since now there are clear and understandable rules, the lawyer clarified.

In the courts, disputes between property owners in garden partnerships and villages are still ongoing regarding the legal affiliation of one or another element of improvement, communications and land plot to the common property. In practice, it happens that common property is generally registered by third parties. This situation, although not contrary to the law, is still not considered fair.

All residential and garden houses depend on the common infrastructure, which means that the owners can demand recognition of their right of common shared ownership of common property, explains Susana Kirakosyan, adviser to the BVMP law office, member of the Chamber of Commerce and Industry Committee on Entrepreneurship in the Housing and Public Utilities Sector.

The legislator emphasizes that property intended to satisfy the general needs of owners during the creation or formation of real estate, as well as property acquired, created or formed for the same purposes in the future, is considered common.

The SNT board is accountable to plot owners

According to the innovations, any owner of a site can request a detailed financial report from the board if the costs of maintaining common property seem too high to him. Before changes in legislation, it was assumed that each owner of a plot in SNT was required to pay fees, as well as expenses for the maintenance of common property. But the owners did not have any real control tools and amendments to the law are designed to solve this problem, says Sergei Sergeev. At the same time, the expert believes that it would be more effective if a fine were introduced for refusal to provide such information. There is a high probability that even with the advent of the obligation, most owners will be provided with it in an extremely truncated form, the lawyer believes.

Owners are responsible for common property

A valuable innovation was the provision that the owner, as a result of whose actions or inaction, additional costs and expenses for the maintenance and preservation of common property arise, is obliged to cover them. This provision is formulated in the updated Art. 259.4 of the Civil Code and is fruitful for the practice of forming the owner’s responsibility for the fate of common property, notes Susana Kirakosyan.

Until now, courts, when causing damage to common property by individual owners (for example, by littering public places or damaging elements of landscaping), have assumed responsibility for the organizations serving the common property, and not for individuals. This change will become an incentive for owners to take a more responsible attitude towards common property, the lawyer believes.

Roads may be blocked and dogs may not be allowed to walk without a muzzle.

From October 1 of this year, SNT have the right to establish their own rules for the use of common property, including limiting entry into the territory of the partnership, not forgetting to ensure unhindered access for special service vehicles, says Sergei Sergeev. The expert notes that now it will be possible to install a barrier quite legally and according to clear rules, prohibit the through passage of other people’s cars, and also prohibit walking dogs without a muzzle, riding noisy motorcycles, and so on. Thus, the general meeting becomes a legal and full-fledged instrument for real property management in SNT, adds Sergeev.

Legislative innovations develop more general norms of the current legislation, make the “rules of the game” more clear and will contribute to the development of judicial practice, sums up Rostislav Agapov.

source: RBC-Real Estate

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