Vacation conflicts: how to deal with the majority

02.10.2010 18:25
Articles about real estate | Vacation conflicts: how to deal with the majority Writers and directors, seeking the full drama of ideas, it is good to look at contemporary country life. In horticultural associations conflicts occur quite often. If cinematographers only knew how high it is the passions! Often they are accompanied by all the trappings of melodrama and detective stories: the ocean bitter tears, smashing windows of other people, destruction of property under cover of darkness and an intense search for the missing money.

Virtual book of complaints

Holiday Internet forums are full of stories waiting to film adaptation: "The buy-ins more than 100 000 rubles ... How to deal with it?" "The Board wants to ban the CNT web site through the court," "tortured" foreign "workers." Dive into the sea by the sharpest index suggests that the country life - is exhausting work, for which the issue put the milk. To learn how to alleviate the difficult part, we have already written. "Owner" told of the opportunities that members of gardening associations gave the Law on gardening, gardening and country-profit associations of citizens. " If the legal capacity to use, and ordinary gardeners have a chance to get an objective picture of the affairs of the Board, auditors who oversee them, and collective well-being of Finance.

Related article: Why suburban real estate market lags behind, when prices reached crisis level?

Arbitrariness in the shadow of the apple trees

The law contains an indication that the activities of gardening association should be in the interests of its members. However, sometimes these "interests" refers to the gardeners are very loosely. So, one of the CNT decided to abandon the device site for collection and centralized services for waste. Others excluded from its ranks a man for what he complained of the lack of a legally fire pond.

Forum member under the nickname GuteLaune («good mood" (German)) described yet another frequently encountered in the CHT situation: "Our CNT already for two years at the general meeting decided to take additional (elektricheskuyu. - Comm. Aut.) Capacity. Long did not dare question of how to pay: a plot or a house? My husband and I two sites. But the house alone. This year, all work was completed. And we rolled through a period of two podvodok to the site at a time when there is really only one. With this decision we do not agree. The question was put to (obschee. - Comm. Aut.) Meeting. "Bona fide owners, not wishing to equally divide the remaining amount, owning single sites, there were more, and they oblige us to pay for the second section. Otherwise, we would limit the consumption of electricity. In this regard, we are interested in whether you can challenge the decision of the CNT in the courts, or should we accept? When we pay taxes for the land, it is clear that you have to pay with 2 sites, but when we do not need electricity at one site, whether to the charges? "

Is it ever right to a majority?

For clarification, we asked the Center for Legal Support of Russian horticulturist. Its experts will advise growers on the legal issues, as well as on their behalf, conduct the case in court. As recalled by a specialist center Pavel Ershov, according to the law of the general meeting of members of the CNT is its highest governing body. In turn, decision-making tools in favor vote of its members. To solve the many issues a simple majority of votes (50% + 1 vote). For a number of important topics as specifically authorized by law, the percentage voting for should be definitely higher: at least 2 / 3 of those present at the meeting. This threshold is called "qualified majority". By "special lists" issues include the exclusion of members of the horticultural growers association, the decision on liquidation of the CNT, the change in its charter.

But, as a specialist legal support to the Center of the Russian horticulturist Helen Korobkova, this does not mean that growers are obliged to blindly implement every decision of the general meeting. It happens that the majority opinion is contrary to law. Just so happened, when the company refused to make space for garbage collection. An excuse to evade its rule articulated device, at first glance, rationally: "In the future it will be so much trouble!" Instead of a general meeting made it mandatory for growers to take out the garbage on their own "in Moscow or the next provincial city."

In the only member of the CNT, voted for the device platform and caught in an absolute minority, there were two ways to achieve his aim: to apply either in court or in the local authority and control. Either way, the outcome of the dispute would have been a foregone conclusion: the law of horticultural associations obliges members of the CNT to comply with environmental and sanitary requirements. According to them the existence of areas for garbage collection is mandatory. Therefore, the architects of the master plan garden community always provide space to accommodate them.

But what means the fastest you can achieve the organization of a civilized system of cleaning? As explained by Paul Ershov, referring to the court, the plaintiff may require not only cancel the illegal decision of the supreme governing body of the CNT. Claim may contain both the demand and the defendant to make a trash site. However, analysis of judicial practice, which is regularly carried out by experts Center, getting even legally incontestable decision will take no less than two months. And "dawdle" with the execution of the court the defendant can be quite long.

So the gardener who disagree with the decision of the General Assembly chose the second way: a complaint to the administrative and technical inspection areas, where the CNT. At the organization responsible for monitoring compliance by enterprises and citizens in particular and environmental requirements. Thus, to solve the problem turned out to be only one phone call to the inspector AIT chairman of the partnership. Area for collection and removal of debris has been made in a matter of days.

When judges are powerless

Now consider the situation previously described member of the forum under the nickname GuteLaune. According to Helen Korobkova, the decision of the general meeting does not violate any legal requirements of horticultural associations of citizens or city planning regulations and building codes. Its decision it has established procedures for the use by electric utilities within the boundaries of gardening partnership N. The law allows for gardening partnerships to develop and adopt such internal regulations. So, if GuteLaune go to court, according to Paul and Helen Korobkova Ershov, more likely to be rejection of the claims. The adoption of internal rules CNT, by law, is the exclusive competence of the general meeting of its members, and we add to this there is nothing.

Another conflict situation arises around the "old world as the" land question. Planning to sell the site or just like trying to establish a perimeter fence, growers need to clearly define the boundaries of the site and, of course, their legal registration. It is necessary to work cheap, but need more. And so, when manufactured according to the rules, signed by owners of adjacent plots, surveying it "goes to the Federal Real Estate Cadastre Agency to acquire inventory number, the unexpected pops up: the boundaries of the land, a mathematically well-defined surveyors, sometimes ... crept into the territory of neighboring plot. At the same time, its owner, before any design once considering its borders, has already managed to arrange a Rosnedvizhimost certificate of ownership of land, and even within the "dacha amnesty" to their rightful piece of weaving slaughtered knows where the undertaken "no man's land"! How to solve the problem of "overlay" area, avoiding lengthy and costly court procedures, we will discuss next time.
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