Specialized online forums where gardeners share their life-byte in gardening and country partnerships, simply overwhelmed by dramatic stories. Conscientious gardeners suffer from many of oppression - like the owners of adjacent plots, and from illegal actions of the Board of its partnerships.
Related article: Real estate deal: easy or hard?And the perpetrators are often a challenge, obviously realizing he was wrong. Comes to the fact that salvation gardeners see the exit from the partnership and to minimize contact with his board, who would in the future he is elected ...
In this series of publications, we try to figure out what kind of honest growers have a legitimate and effective ways to resist the brutal pressure and, under the law, the ruble to "punish" offenders.
Agree that the loss of money or at least a real prospect of losing them is sobering, even to the inveterate rascals.
In search of lost money
Perhaps the most frequent problem in horticultural associations (the category of "chalet association", which is much less in the future for the sake of convenience we omit. Orders in them are governed by the same law on gardening, horticulture and suburban non-profit associations of citizens. "For brevity, we We call it the law) is the opacity of financial and operational performance of government.
Attempts to association members, board members and even elected members of the Audit Commission to examine its SNT often end with debacle: Chairman of the CHT, or flatly denied familiarity with financial, administrative and statutory, solemnly promising to report back to the people "to the last penny" at the next reporting-election meeting or, remembering the movies habits hardened bureaucrats begin to strictly follow them: offer to visit at another time, hiding in the underground, or simply by collecting reinforcements for the company of people close to them in spirit, roll scandals such heat that the love of truth, willing to more "blow off their nerves," simply is not ...
Meanwhile, Russian law does not oblige eager to test the validity of truckers on the strength of your eardrums, resistance to stimuli - the nervous system and stock up on pills. At the same time, the law insists that the parties to the conflict have been on time and properly, "as expressed by lawyers informed about your claims and requests. How to combine security and peace of mind to observe all the requirements of the law?
The so-called "proper notification form" includes a person, either personally against receipt, handing out a written request, or send it by mail in a special way. The latter option may be called the most comfortable, although it requires a small cash expenditures.
In the beginning was a request ...
Approach the topic of obtaining information about the activities of the CNT, which you refuse to provide systemically. So, you seem concerned about verifying the correctness and completeness of the records of cash on hand for your SNT and want to make sure that the collected fees are spent for the needs that were previously the general meeting of the CNT may deem appropriate and the majority gave consent for them to spend? Then you need to legally competent to formulate the essence of its appeal.
Why is this important? In case of failure or partial performance of the requests you have, you can tell the legitimate "leverage" to careless board and chairman. On how accurately and legally competent you formulate your request to the other side, continue to depend on power, efficiency, or conversely, weakness, fragility of the "leverage" on the offender. The essence of the request to meet you can expect depends on the status, which at the moment you have a gardening association. Thus, a member of the CNT has the right to "receive information about the activities of government bodies and its control." But a member of the CNT and at the same time a member of the Audit Commission SNT limited duty to "carry out the audit of financial and economic activities of the association." But this is not the same thing!
Defined in terms of
For the moment, try to limit complicate the task: assume that the fates decreed in the Audit Commission at this time, you did not choose. And those who are members of gardening association chose it, to the delight of the unfair rule, virtually inactive.
Then, based on the opportunities provided to you by law, you are eligible to apply to the board to provide "information about the activities of management of the association and the authority's control." According to the "Great Law Dictionary" 2006 edition, the term "information" refers to "information about persons, objects, facts, events, phenomena and processes, regardless of their presentation. The authors of the dictionary stipulate that the Civil Code (hereafter we call it the Code) - one more important for truckers normative act - the definition of "information" does not exist. But the protection of information from dating to her by others in the Code is provided only for official and commercial secrets, which make up a narrow segment of the information field.
Good or bad for the average gardener, that a precise definition of "information" neither the law nor the Code does not contain? How extensive information on the activities of gardening nonprofit association may require its ordinary member? This is what we tell you next time.