Housing cooperatives come into existence the first time a real estate owner transfers ownership of premises within the building to a third party, or when said premises are assigned a non-residential function; thus creating jointly owned common property. This includes the land beneath the building, as well as the various fixtures and elements in it, which are not meant for exclusive use by any of the other owners, but instead constitute joint property, divided up between them.
As such, housing cooperatives are made up of the owners of premises which have been separated as housing units, as well as owners of so-called ‘initial real estate’, in the case of premises being separated successively into smaller housing units.
Good attorneys in Wrocław, having experience in regard to housing cooperatives, will be aware of the fact that a cooperative can also can come into existence by derivative means, when jointly owned real estate is divided up into smaller units. Interestingly, a new housing cooperative can also come into existence as the result of joining together two pieces of real estate under one housing register entry.
While housing cooperatives are not legal persons, they are unincorporated legal persons. This means that they they have a judicial and procedural status and, as such, can file lawsuits and be sued.
Conflicts between the members of a cooperative most often occur in regard to management of common property. This is why a good attorney in Wrocław will always argue that, when it comes to small housing cooperatives, actions which do not exceed the regular duties of management can be undertaken by any of the co-owners of the joint property. However, certain conditions must be met in order for a particular co-owner to act rightfully in the name of all the joint owners.
In large housing cooperatives where a management board has been appointed (a good attorney Wrocław would advise appointing one even in small cooperatives for the well being of the residents), the board is considered to be an organ of the cooperative, which acts in its interests. Definitions of what is meant by regular management, as well as what lies beyond its scope, would be very useful in determining the competencies of the management board, but unfortunately these do not exist. The many years of experience possessed by good attorney Wrocław make it possible to assist in deciding whether a particular action falls within the parameters of regular management, or whether its execution requires the board to obtain approval and power of attorney.
A good attorney Wrocław would point out that, as a result of a number of organisational and economic factors (such as there being no need for multiple bodies managing common property or that there might be problems in delegating responsibility between them), having a property manager rules out the possibility of establishing a management board. The manager of a common property, when installed in the appropriate manner, is able to act in the names of the owners making up the housing cooperative.
Our Law Firm has been dealing with problems related to the activities of housing cooperatives for many years now. We provide legal assistance both to individual owners who are unable to come to an agreement with other cooperative members or the management board or manager, as well as to cooperatives who are forced to pursue claims from occupants or are in conflict with developers, the property manager or other third parties.
A good attorney Wrocław is aware of the fact that making joint decisions regarding common property in housing cooperatives is not easy. The key is often coming to an understanding with the other occupants.
The members of housing cooperatives are often unaware of their rights in relation to the cooperative or the property manager and, as such, need legal assistance in getting them upheld.
Whilst the provision of legal services to housing cooperatives is often a challenge, the more experience a good attorney Wrocław has with these kinds of matters, the more effective they will be. Our legal firm in Wrocław can boast of many years of experience in pursuing the interests of both managers and occupants.
We provide the following legal services to housing cooperatives: