Power outage in SNT due to debts in 2020

As always, we will try to answer the question “Judicial Practice of the Legality of SNT on Turning off Light to Gardeners in the Presence of Debt and in the Absence of Contractual Relations 2020.” You can also consult with lawyers for free online directly on the website without leaving your home.

Members of SNT, as well as owners of plots on the territory of SNT who conduct individual farming, but are not members of the partnership (we will henceforth call them “individuals”) usually, if they were disconnected from electricity, wrote statements to the prosecutor’s office. The prosecutor's office, seeing an obvious violation of the law in the form of that very “arbitrariness” on the part of the chairman (board) of SNT, quickly responded. The result was an order to the chairman to restore power supply.

Electricity in SNT: how should the payment system be structured?

And most importantly, while this “epic” lasts, the debts of defaulters hang on SNT. The gardening association is increasing its debt to the energy sales company. This, in turn, can lead to a shutdown of the power supply to the SNT as a whole. If there are no owners in the gardening area who have entered into individual energy supply contracts with the energy supply company, such a shutdown is almost inevitable. This means that we have to collect even more money from those SNT members who pay for electricity.

Power outage in SNT: what does the law say?

“If you don’t pay, we’ll turn off the lights!” This phrase, sooner or later, will inevitably be heard in a dispute between a member of SNT and the “authorities” of the partnership when it comes to problems with power supply. The reasons can be very different. And arrears in payment for electricity (real or imaginary), and refusal to pay for the removal of the meter to a pole outside the site. And the requirement to pay an additional fee to replace the SNT transformer...

What do we end up with? Indeed, a very confusing scheme of interaction between the characters. Where it becomes very difficult to solve the debt problem of one of the SNT members. And if from the point of view of the debtor himself, this may not be so bad, then from the point of view of the other members of the partnership, who are forced to pay for unscrupulous neighbors, the situation, of course, is unfair.

On November 10, 2020, Dmitry Medvedev signed Resolution No. 1351 with a long and meaningless title “On amendments to certain acts of the Government of the Russian Federation on increasing the accessibility of energy infrastructure in relation to certain consumer groups.” This document introduced significant changes to the organization of interaction between SNT members, the governing bodies of these associations and energy companies.

Under what debt can electricity and electricity be turned off?

As you can see, the typical situation here is electricity debt. Disconnecting debtors becomes a last resort in such cases. Please note that, in addition to the first letter, the management structure sends an additional notice to the consumer 3 days before the planned restriction of services . Moreover, the debtor has another opportunity to prevent this outcome and pay off the debt.

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Although it is appropriate to take into account this nuance: if it is impossible to limit the supply of electricity, the management company has the right to immediately disconnect the consumer from the network . Moreover, these actions begin after a month’s wait from the day the tenant receives the warning letter. The starting point here is the date on which the post office stamp was affixed.

Let there be light!

The dacha, a favorite place for relaxation combined with useful work in the fresh air, often becomes a source of headaches. It turns out that this is not an easy thing - self-government: in order to establish where the line is between violation of the legislation regulating these relations and interpersonal strife, summer residents arm themselves with the Civil Code and resort to lawsuits. Instead of shovels and planting calendars, there are lawsuits. Andrei Skorinkin, a member of the Lesnaya Polyana-88 horticultural partnership in the Minsk region, decided to restore justice in this way and shared his long-standing problem with SG. The writer’s dacha has been his home for 4 years now; he lives on the site even in winter. Therefore, turning off the lights by decision of the ST board brought him real discomfort: how to work, keep the house in order? The chairman of the partnership, in turn, sees this decision as quite fair: the summer resident did not comply with the norms of the ST charter and ignored the payment of the necessary contributions. How to live in harmony and avoid conflicts on six hundred square meters?

In a partnership, each other is not comrades

The gardening partnership is a state within a state, with its own laws and rules. And if you independently choose to live in it, be kind and respect the requirements and rules that govern this life. This is most likely the reasoning of the Chairman of the Lesnaya Polyana-88 ST, Alexander Kovalkov, when on October 17 last year he turned off the light for the summer resident. But Andrei Skorinkin does not agree with the actions of the chairman - such a “sadistic measure” on the part of the management is not commensurate with a violation of the ST charter. We are talking about non-payment of targeted contributions in the amount of 75 rubles for a burnt out pump and road reconstruction. In addition, this is the first time that a summer resident has become one of the defaulters - before this he always fulfilled his duties conscientiously and regularly paid the required fees. Andrey Vladimirovich complains:

there is no payment arrears;
disconnection was used as a way to force a member of the partnership or the entire SNT as a whole to perform actions not provided for by the terms of the contract;
the procedure for suspending the provision of services was violated, for example, the consumer was not informed in advance about the power outage;
a seriously ill person lives in a country house, whose vital functions are provided by electrical appliances;
The repair period has been exceeded.

Who has such authority?

If the energy supply company disconnected the power from the house illegally, the problem can be solved in two ways - through claims and litigation. It would be correct to first contact the initiator of the disconnection, since during the trial it is always determined whether the dispute was resolved peacefully. If the claim has not been submitted, the claim may be denied.

If it is done illegally

You should contact the person who initiated the disconnection procedure. This may be the board or the general meeting of the partnership. If the question concerns the entire SNT as a whole, then you need to contact the service provider.

b) violation of its obligations by the consumer, expressed in non-fulfillment or improper fulfillment of obligations to pay for electrical energy (power) and (or) services for the transmission of electrical energy, services, the provision of which is an integral part of the process of supplying electrical energy to consumers; identifying the fact of unaccounted consumption of electrical energy by the consumer; failure by the consumer to comply with the terms of the contract relating to ensuring the functioning of relay protection devices, emergency and regime automation, reactive power compensation devices;

Lights out warning

When there is even a reason to disconnect electrical energy in a private house, garden or summer cottage, the service provider must first send a notification to the debtor. It indicates the amount of debt and the deadline for its repayment.

Amendments to the law adopted in 2020 define several ways to notify a consumer about an existing debt. For a document, a sample notice of disconnection for non-payment gives an idea of what it should look like and what information it should contain:

The energy company may send certified mail with notification.
The letter of claim is handed over personally to the subscriber against signature.
Information about the debt can also be placed on the receipt with the electricity bill.
A company representative can call the debtor and explain that there is a problem with paying bills, and warn about the upcoming shutdown. The telephone conversation is recorded, so the consumer will not be able to prove that there was no call.
Notification may be sent to your email address.
The electricity supplier for the site can leave a message about the debt in the consumer’s personal account, which is created on the GIS Housing and Communal Services website.

20 days are given to pay the debt. This is quite a long time to find money and pay off the debt.

If the consumer ignores the warning, the supply of electrical energy to his area will be limited or stopped altogether. After repaying the debt, you still need to write an application to resume supplies, wait for the craftsmen who will reconnect, their work will be paid. As a result, the defaulter remains without electricity longer and incurs additional costs.

ATTENTION! After 20 days, which are given to the debtor to voluntarily repay the required amount, the supplier has the right to disconnect within 10 days.

Technically, it is carried out as follows - the electrician installs a special seal that will not allow you to independently connect to the network without it becoming known to the energy company.

Recommendations to governing bodies.

3.1. As for the court's conclusion that the gardening partnership, as another owner of electric grid facilities, participating in the supply of consumers (gardeners) with electrical energy, does not have the right to prevent the flow of energy through their facilities for such a consumer and demand payment for this.

Legal recommendations to the governing bodies of gardening partnerships on resolving the issue of “defaulters”, based on the above and established judicial practice.

As you can see, it is enough just to register the possibility of turning off electricity for non-payment of fees in the charter of the gardening partnership. These judicial acts directly contradict the previous judicial acts cited above. However, unfortunately, at present the courts are guided by the opinion set forth precisely in the first judicial acts.

Before turning off the power supply to a particular dacha plot, the leadership of the community is obliged to carefully check everything. Notify the owner of the land plot about the incident, and only then take active action.

What to do if the electricity is turned off due to debt

Have you turned off the electricity in your apartment and want to turn it back on? If the apartment building is a panel building, then you probably know that between adjoining apartments the sockets are installed opposite each other in the void. You can remove your socket and agree with your neighbor to make a jumper, thanks to which you will also have light. Of course, this is not legal and you will have to thank your neighbor, and when the problems with non-payment are resolved and the electrician comes to connect your apartment, do not forget to remove the jumper! It should be taken into account that the wiring line was designed for the load of one outlet, so a small load can be connected to this outlet (depending on the condition of the wiring in the neighboring apartment and what load the wiring line is designed for). In this case, the neighbor will not be able to use this outlet while you are connected to it. You should also remember that this method is dangerous and can lead to serious consequences - damage to the wiring and fire, both in your apartment and in your neighbor’s apartment.
The legal way is, again, to negotiate with your neighbor so that while the electricity is turned off, you can plug an extension cord into his outlet and extend it into your apartment. This way, you can connect lamps and not too powerful household appliances. The total load of electrical appliances connected should not exceed the load for which the socket into which the extension cord is plugged is designed (as a rule, no more than 16 A). In this case, it should be taken into account that if the socket into which the extension cord will be plugged in, and the wiring as a whole, is in unsatisfactory condition, then this is fraught with negative consequences.
If your electricity has been turned off for non-payment in a private home or country house, a mobile power station can help out. It is not very expensive and can also save you if the electricity is cut off during repair work. We talked about how to connect a generator to the network at home yourself in the corresponding article!
Also in your apartment, by analogy with carrying, you can connect an extension cord from your neighbor’s outlet, at the other end of which there will be not a block of sockets, but another plug. Before doing this, we still recommend consulting with an electrician to see if this can be done in your case, whether the wiring will withstand, etc. It should be borne in mind that this method will allow you to power the minimum load, while this method can also lead to damage to the wiring with subsequent fire.
Connecting solar panels can also solve the problem. If you have installed alternative sources of electricity at your dacha, do not forget that they will work even if the power is turned off for non-payment.

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Of course, if you did not receive a written notice in your hands, this indicates that the shutdown occurred without warning. In this case, you need to complain to the above authorities. You can also say that the illegal disconnection of power to the apartment caused you a number of problems, namely:

Disconnection procedure

According to the new rules, the director of a dacha community can cut the supply of electrical energy:

If there is a decision of a judicial authority presented by a bailiff.
If violations of the points specified in the contract are detected regarding light consumption - time of use, connection to the common system without a contract or without permission.
The end of the resource supply period.

Watch the video: “Individual gardener disconnecting from electricity in SNT.”

Legality

The notice contains the amount of the debt incurred, an explanation and the deadline for its repayment. 10 calendar days after this date, the chairman of the SNT has the right to turn off the supply of electrical energy for non-payment in the defaulter’s house. For this purpose, special seals are installed to prevent unauthorized unauthorized connection.

Can electricity be turned off for non-payment?

If the company is going to limit the supply of electricity, this must be communicated personally to the defaulter. In another situation, limiting the supply of resources will be illegal.

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If the HOA electricians cut off the lights for non-payment in accordance with all the norms of the current legislation, the citizen has the right to restore the supply of electricity, following a certain procedure.

New rules for power outages in SNT

Judicial practice on illegal power outages in SNT

Judicial practice shows that very often disputes arise over turning off electricity for non-payment of mandatory contributions to the NST, DNT, etc. Many people wonder what to do if your electricity was turned off by decision of the ruling elite of horticulture and how to deal with it.

The act of disconnecting electricity must be made in writing. Otherwise, the document will have no legal force. Regardless of who exactly creates this act, it must include the following elements:

Statement of claim for illegal shutdown of electricity from SNT

the name of the organization that issued the act;
document's name;
date and place of its preparation;
an indication of the reasons for the outage, an indication of the areas that will be de-energized, possible options and timing for restoring power supply;
signature of an authorized person.

Judging from all of the above, one thing can be said: that the head of the department (general meeting) cannot decide important issues regarding connecting subscribers to the current and stopping its supply. The court refers to the norm “On garden non-profit associations of citizens.”

Going to court

Before going to court, you must first go through other authorities. A consumer who is disconnected from light must first send a request to SNT management to restore the power supply. If this guide does not solve the problem, you should collect the necessary documents, evidence of illegal termination of supplies, and only then go to court.

How is a lawsuit filed? The SNT participant must indicate certain data in the document:

Full name of SNT, registration address, details of the defendant, plaintiff.
The title of this document.
The problem is described.
The legal norms that were violated by the defendant are indicated.
A request or demand is made to restore the electricity supply to the house.
A list of documents that are attached to the claim is given.
The claim must be signed and numbered.