Read carefully the Charter of the garage cooperative. Usually in the standard constituent documents always indicated that one of the rights of a member of the cooperative is the ability to withdraw from it at any time. But in practice, you must first consider all the possible consequences.
If you have not fully paid the share contribution, all rights to belong to garage cooperative. Coming out of it, you will receive within two months after the end of the financial year all the money that had been made to the account of the unit. If the payment is fully repaid, but the right to property you have not made, you will also be refunded only listed you on the account of the cooperative money.
To exit the garage of the cooperative without much loss, pay the first unit, then please contact the FRS (EIRTS) and complete ownership of the garage. And only then, please contact the Chairman of the garage cooperative with a statement of withdrawal.
Once out of the cooperative will be approved at the General meeting of its members, submit application to the BTI on the subdivision of land on which is your garage. Otherwise, it may at any time carry, in accordance with article 622 of the civil code, which States that the Sublessee is obliged to return the land to its original form.
Contact the court if for any reason the municipality in which the cooperative leases the land or the co-op refuse to grant land. It is possible that the court will allow you to continue to enjoy the rights of a lessee or sub-lessee of land, where is your garage, although without a skilled lawyer such a thing is not easy to win.
Only when all the documents in the garage and the ground will you have on hand, enter into separate service contracts with security, janitors, mechanics and other technical staff of the cooperative.
Advice 2: How to create a garage cooperative
The issue with storing the car in a big city is quite acute. One of the methods of organized solution to this problem is the creation of garage-building cooperative (HSC). In comparison with other types of non-commercial associations of citizens organization GSK has its own characteristics that should be considered at the stage of planning the future of the cooperative.
Start with the creation of the initiative group. Here you have to prove your organizational skills to motivate car owners perspective of the organized construction of the garage complex. Future members of the cooperative are United by common residence, joint work or other common characteristics. The preparatory process is not simple, it can take a lot of time. Completed the first phase in documenting the decisions of the initiative group on the creation of GSK.
Together with the initiative group develop a Charter of a garage cooperative. Will provide detailed coverage in the Charter regarding the establishment of the property of GSK and sources of receipt of funds. As a rule, fees: membership, unit, target and so on. If the preparation of the Charter of the cooperative is causing you difficulties, consult a qualified attorney.
After registration of incorporation documents, register the co-operative in the prescribed manner and put it on the account in tax authority at the place of registration.
Open a Bank account, and personal accounts of members of the cooperative for making equity contributions.
Make and place the act of choice and the contract of lease of the land. For this you need to collect the necessary documents for submission to the municipal authority for urban planning and land use. The list of documents depending on the region may be different.
After processing all the documents and their consideration by the relevant authorities, including obtaining cadastral passport, you will receive the lease contract of the land plot allocated for the construction of the garage complex. The contract register in the Federal registration service in the region.
Sign a contract for the design and construction of the garage complex with a construction company. After completion of the civil works contract for operation of the facility between the cooperative and the operating organization.
Complete ownership of the cooperative garages. To do this, prepare the documents for registration of ownership rights to object to the Federal registration service and get a certificate.
Since most of the stages of creation and registration of garage co-operative associated with the development, registration and registration of documentation, including legal matters, should direct the operations of a legal company. This will accelerate the process of introducing GSK in order and save yourself from a lot of bureaucratic procedures.
Advice 3: How to organize a garage cooperative
Currently, there is the question about storing the car in a big city. Using this, you can open a small business in a garage-building cooperative. The organization GSK has its own characteristics that should be considered at the beginning of the activity.
You will need
- Documents on the organization of the cooperative and of construction;
- - the initiative group;
- - Bank account.
Will create an initiative group. Car owners should be interested in participating in the formal construction of the garage complex. Be sure to sign documentary the decision of the initiative group concerning creation of GSK.
Engage in the development of the Charter of garazhno-building co-op with your initiative group. The Charter will cover in detail issues that are related to the formation property of GSK and financial sources. You will have the opportunity to seek admission, membership, unit, target and other contributions. If you test difficulty in the preparation of the Charter should consult a qualified attorney.
Register the cooperative at the place of registration, once you have finished the design of the constituent documents. Put it in the prescribed manner on the account in tax inspection. Open a Bank account and account with the purpose of making equity contributions of members of the cooperative.
Make a deed of agreement for lease of land. Collect the necessary documents and submit them to the municipal authority for land use and urban planning. The list of documents in the various regions may differ.
Register a lease in Federal registration service. Wait for the verification of all documents the relevant authorities, will receive the cadastral passport. After that, you will be given a plot of land for construction of the garage complex.
Enclose the contract for design and construction services with a construction company. Once all construction works are completed, sign the contract for use of the building between the operating organization and the cooperative.
Complete ownership of the garage cooperative. This creates the relevant documents and submit them to the Federal registration service, where you will be given a special certificate.
Advice 4: What is garage cooperative
Garage cooperative is an Association of citizens on a nonprofit basis. This is one of the types of consumer cooperatives, which allows you to solve the issue of storing personal vehicles.
Garazhno-stroitelnyjj KOOPERATIV (GSK) is a legal organization whose goal is the construction of the garage complex on the contributions of the citizens - members of the cooperative. A separate law, which would regulate activities of GSK, there is not, however, apply to it some articles of the Civil code (e.g. article 116) and the law, adopted back in Soviet times, "On cooperation in the USSR", №8998-XI of 26.05.1988)
Source of investment in the construction of the garage complex are the contributions of shareholders. The members of the cooperative may not be less than three. Decisions on the activities of the organization passed at the General meeting, each shareholder has equal rights to each decision. How can you not remember the famous movie by Eldar Ryazanov, "Garage", looking which can understand what your garage cooperative.
After the completion of construction and commencement of operation of garages, garage complex will be in common ownership, but the car it will belong only to those members of GSK, which were fully paid equity contributions. Garage cooperative must pay tax on the property, which is on its balance sheet until, until all of the garages do not become the property of the co-op, then the tax will pay the owners.
Garazhno-stroitelnyjj KOOPERATIV has the right to engage in entrepreneurial activity, for example, rent free garages, the provision of services on repair of vehicles. Income from these activities is distributed among the shareholders of GSK (paragraph 5 of article 116 of the Civil code of the Russian Federation).
After the construction of garages and full inclusion of all members of the cooperative shares, a garage cooperative must be converted to a consumer cooperative for joint operation of public facilities or eliminated.