DNP is one of the most promising areas in the field of suburban real estate. They are increasingly interested in people planning to purchase a cottage or a country house. What are the benefits and benefits of DNP? What it is?
Homeowner Association Forms
In January 2013, a law was published and approved in Russia covering the issues of non-profit associations between individuals. It covers in detail the topic of conducting a summer residence, gardening and other associations. The new document says that there are 3 forms of associations between homeowners.
- DNT , meaning "summer non-profit economy."
- DKP : stands for "cottage (gardening or horticultural) consumer cooperative."
- DNP (transcript - "summer, gardening or gardening non-profit partnership").
Each of the three associations is created exclusively on a voluntary basis between individuals in order to provide legal and domestic support to all members of the association.
DNP plot
Country non-profit partnerships are created on land plots, which can be of two types:
- agricultural land (CHX);
- territory of the existing settlement.
These types of land make up the site of the DNP. What is it, consider in more detail. Lands with the status of CHX do not belong to any settlement. The construction of this plot is possible if permission is given to use this land for summer cottage construction. The free territory of a settlement is given for certain purposes: the development of villages, towns or other settlements. An official building permit for this plot can be obtained if it is assigned the status of a residential area. Such a territory is most attractive for building a house, a cottage on it or creating a multifunctional residential complex there. Currently, in the real estate market, the bulk of the DNP is created on agricultural land.
The principle of the DNP
Homeowner associations have their own structure and a specific work scheme. In DNP (decryption - summer non-profit partnership) there is a supreme governing body, which is the general meeting of members. The activity of a summer cottage is controlled by the specified body. The general meeting of members resolves issues:
- making the necessary changes to the charter;
- election of an executive body (collegially and individually);
- making decisions regarding the reorganization (liquidation) of DNP;
- solving the issue of formation and use of the company's property;
- making decisions on the acquisition of a plot that will have the status of public property, and other issues.
Vital issues of society are taken solely by its highest governing bodies. In order to control the financial (economic) activities of the association, an audit commission is created in it.
Benefits
Having learned the principle of the DNP, what it is and what its functions are, it is necessary to clarify its main advantages. The main advantage of a summer non-profit partnership is the fact of combining the efforts of all participants in society to achieve a common goal. Here, each member is directly involved in resolving issues related to the activities and development of the village. With competent drafting of the Charter, negative consequences in the activities of the NPD can be completely avoided. The undeniable advantage of the partnership is the fact that its members have the opportunity to independently choose the operating organization. This may be a separate company that performs certain types of work, or a number of companies specializing in a particular area.
Appointment
Country non-profit partnership is considered the most convenient form of organization. To prove this, it is necessary to understand what the purpose of DNP is. What is it, we will analyze in more detail. Partnership sets itself one main goal - to provide legal and domestic assistance to all members of the society. All important decisions here are necessarily agreed with the members of the association, which excludes the possibility of negative consequences.
In addition, DNP has the right to carry out commercial activities. But here it is important to observe one condition: all profits derived from commercial activities should be aimed at meeting the needs of a country non-profit partnership. Associations of this form may acquire as well as exercise property (non-property) rights; act as plaintiff, defendant in the courts.
The principle of creating DNP
To create a country non-profit partnership, you need to know the general principles of the establishment of non-profit organizations. First, you should determine the location of the company. It was mentioned above for what purposes the land of DNP is used, what it is. The company may be created on an agricultural type plot or on the territory of an existing settlement. To establish an NPD, you will also need:
- determine the name of the organization;
- specify the goals of its creation;
- collect passport data from all founders;
- to pay the state fee;
- make an archive copy of the new Charter.
The number of members of a summer non-profit partnership should not be less than three people.
Status
The status of the DNP should be clarified, what is it and how is it assigned. After the site is officially registered with the FSN, the legal entity status is assigned. The entire territory of the earth and the objects located on it are considered common property. This includes roads, utilities, gates, playgrounds (sports), recreation areas and much more. At the end of the land registration process in the status of DNP, the necessary allotment is transferred to the citizen free of charge (prescribed in the land legislation). After the design of the construction of the DNP is approved, the members of the company receive land ownership. From the moment of payment, they become the common property of members of the company. Subsequently, the plot can be converted into individual property. Entering the membership of the DNP, participants must make an entrance fee, which is the payment for the land.
Payments
Contributions to the DNP, their size and payment procedure is determined by the regulation “On Contributions, Payments and Funds”, a decision of the partnership board, decisions of the general meeting of members of the company. At the time of signing the membership agreement, each participant must make a one-time entrance payment. Its amount is determined by the general meeting of members of the DNP. It also establishes the size of annual and targeted membership fees, which are paid in equal shares on a quarterly certain day of the month.
What can I do on the purchased site?
On acquired land plots, members of the community may feel like full owners. They can be used to erect residential buildings, farm buildings, but at the same time do not forget about compliance with the norms and rules established by law. The DNP documents contain an explanation of such a plan: the acquired land should be used for the purposes indicated in the document. It is possible to build on it only buildings that correspond to the projects of creation (construction) in DNP. Legislation says that the owner must develop a new plot in 3 years.
Responsibilities and duties of members of society
Issues that reveal the essence of the DNP (what it is, its functions, activity), the rights and immediate responsibilities of its members are enshrined in legislative documents. Among them are the Town Planning Code of the Russian Federation, the Law “On Horticultural, Vegetable Gardening and Summer House Non-Profit Associations of Citizens”, the Regulation “On Contributions, Payments and Funds”.
Members of the DNP have the right:
- elect the governing bodies of the association and be elected themselves;
- receive the necessary information about the work of governing and control bodies;
- to be a full owner in your area according to the permitted use;
- dispose of acquired land, if it is not withdrawn from circulation and not limited in circulation;
- if the company is liquidated, get a legitimate share of the property having the status of common use;
- apply to the court to protect their own rights, legitimate interests;
- to leave the company on a voluntary basis while concluding an agreement on the conditions for the use of engineering structures, roads, and other property of the association.
Members of the DNP are required to:
- bear subsidiary liability for the obligations of the company within the limits of the part of the paid contribution;
- use the acquired plot purposefully, as defined in the membership agreement;
- not cause damage to the land and common objects;
- not violate the prescribed rights of the members of the partnership;
- comply with the requirements of the agrotechnical plan ;
- timely make membership, targeted contributions;
- master your land in 3 years;
- take part in events organized by the association;
- participate in general partnership meetings;
- comply with established regimes, restrictions and requirements.
The difference between DNP and SNT
Country non-commercial partnership - a legal entity that is created with the aim of developing and further servicing summer-type villages. The competence of the company includes the construction (maintenance) of roads, the protection of the village, garbage collection and others. In addition, the partnership provides integrated development of the settlement territory. Garden non-profit partnership is not much different from a summer cottage association. To find out their main differences, it is necessary to determine the site of SNT, DNP, what this concept means in each of the associations. In a horticultural partnership, land is allocated for agriculture and truck farming. In the summer partnership, in addition to agricultural land, the territory of the existing settlement can be used. In the village of DNP, it is planned to build a summer house on a mandatory basis, followed by its ownership. And SNT has the main goal - the development of a garden on its own plot without the obligation to build a house there. The law does not prohibit registration either in SNT or in DNP.
The two associations also differ in the form of ownership of common property. In a non-profit partnership, property is considered joint property of all its members; in a partnership, it may be owned by the association as a legal entity. When choosing between partnership and partnership, it is necessary to take into account the agricultural purposes of SNT, DNP. What does this mean: for what purpose is the land used in each association and how are its members owning the property of the association. The main differences between SNT and DNP are spelled out in the Law "On Horticultural, Vegetable Gardening and Summer House Non-Profit Associations of Citizens" No. 66-FZ.