9621 Agnes Crossing, Lake Suzanneview, New Mexico Island 84604-9295.
Each summer season “amplifies” the problem, which, as a rule, is associated with conflicts between residents of holiday villages. They sometimes result in attempts by the board of
In the vast majority of cases, problems arise with access to the territory of holiday villages for owners living there for one reason. The board of SNT is of the opinion that a member of the partnership does not pay certain contributions to the general budget. And he sees no other way to influence the debtor than by blocking his access. That is, on foot – please, but by car – sorry.
Note that in such situations both parties are usually “good”. For example, the board often tries, under various pretexts and with the benefit of personal pockets, to extort more contributions from summer residents. And some residents, in turn, sometimes abuse it: they try to use for free the benefits paid by their colleagues – for example, centralized garbage collection, road repair at government expense, and so on. Be that as it may, at some point the defaulter will be faced with a closed barrier (or gate) at the entrance to the partnership’s territory. And with an ultimatum: let them go only after the debts are paid.
We must say right away that such a method of “taking out money” is illegal. There is a court to settle such disputes. And to somehow block the owner’s access to his plot is real arbitrariness on the part of the SNT leadership.
– With regard to SNT, in accordance with paragraph 5 of art. 24 of the Federal Law No. 217-FZ “On the Conduct of Citizens of Gardening and Horticulture for Their Own Needs”, landowners have the right to use land for common use for passage and to move freely and without compensation to their property to travel . No one has the right to restrict rightholders’ access to their plots. It is illegal to obstruct the passage, – says the lawyer of the Blue Buckets car community, Mikhail Nikitin.
The same is said about Art. 262 of the Civil Code of the Russian Federation. A strictly legal solution to the problem for a summer resident, for whom the barrier has been slammed, is to sue the partnership, demanding unfettered access to the site. But the problem for the owner in this case is that the Code is far away and the barrier with the guard is here. And you need to go now, and not in a few months, when a court decision will be made in his favor.
Therefore, a temporary solution here may be to call the police squad, which is obliged to enforce order and comply with the requirements of the law of the watchman and the chairman of the SNT. If the barrier is automatic (for example, it opens by calling a certain telephone number), the police are powerless. But another tactic could work here.
A duped citizen is stubbornly unable to move his car out of the passage in front of the barrier, effectively blocking access to the territory of the partnership for everyone. Having collected a line of those eager to drive behind you, you can hope that one of them will not hold out and open the gate for your car. A more radical method is to remove the barrier (or gate) completely by court order. Most often, such structures are installed by decision of the meeting of the majority of the owners of the garden partnership plots.
But! Anyone who disagrees with him can go to court and on the basis of the same art. 262 of the Civil Code of the Russian Federation to demand the demolition of the barrier – because it interferes with his right to use the property. Next, the question arises of who will be involved in the demolition of the ill-fated device. But this is a matter of technology. Having a judicial decision in hand, having previously called a police unit, the opponent of the barrier has the right to destroy it even with his own hands, armed with a “Bulgarian”. Or by hiring a team of employees for this.
In the vast majority of cases, problems arise with access to the territory of holiday villages for owners living there for one reason. The board of SNT is of the opinion that a member of the partnership does not pay certain contributions to the general budget. And he sees no other way to influence the debtor than by blocking his access. That is, on foot – please, but by car – sorry.
Note that usually both sides are “good” in such situations. For example, the board often tries, under various pretexts and with the benefit of personal pockets, to extort more contributions from summer residents. And some residents, in turn, sometimes abuse it: they try to use for free the benefits paid by their colleagues – for example, centralized garbage collection, road repair at government expense, and so on. Be that as it may, at some point the defaulter will be faced with a closed barrier (or gate) at the entrance to the partnership’s territory. And with an ultimatum: we won’t let it go until the debts are paid.
We must say right away that such a method of “taking out money” is illegal. There is a court to settle such disputes. And to somehow block the owner’s access to his plot is real arbitrariness on the part of the SNT leadership.
– With regard to SNT, in accordance with paragraph 5 of art. 24 of the Federal Law No. 217-FZ “On the Conduct of Citizens of Gardening and Horticulture for Their Own Needs”, landowners have the right to use land for common use for passage and to move freely and without compensation to their property to travel . No one has the right to restrict rightholders’ access to their plots. It is illegal to obstruct the passage, – says the lawyer of the Blue Buckets car community, Mikhail Nikitin.
The same is said about Art. 262 of the Civil Code of the Russian Federation. A strictly legal solution to the problem for a summer resident, for whom the barrier has been slammed, is to sue the partnership, demanding unfettered access to the site. But the problem for the owner in this case is that the Code is far away and the barrier with the guard is here. And you need to go now, and not in a few months, when a court decision will be made in his favor.
Therefore, a temporary solution here may be to call the police squad, which is obliged to put things in order and comply with the requirements of the law of the watchman and the chairman of the SNT. If the barrier is automatic (for example, it opens by calling a certain telephone number), the police are powerless. But another tactic could work here.
A duped citizen is stubbornly unable to move his car out of the passage in front of the barrier, effectively blocking access to the territory of the partnership for everyone. Having collected a line of those eager to drive behind you, you can hope that one of them will not hold out and open the gate for your car. A more radical method is to remove the barrier (or gate) completely by court order. Most often, such structures are installed by decision of the meeting of the majority of the owners of the garden partnership plots.
But! Anyone who disagrees with him can go to court and on the basis of the same art. 262 of the Civil Code of the Russian Federation to demand the demolition of the barrier – because it interferes with his right to use the property. Next, the question arises of who will be involved in the demolition of the ill-fated device. But this is a matter of technology. Having a judicial decision in hand, having previously called a police unit, the opponent of the barrier has the right to destroy it even with his own hands, armed with a “Bulgarian”. Or by hiring a team of employees for this.
Source: Avto Vzglyad
Donald Salinas is an experienced automobile journalist and writer for Div Bracket. He brings his readers the latest news and developments from the world of automobiles, offering a unique and knowledgeable perspective on the latest trends and innovations in the automotive industry.
