Service for housing communities and cooperatives

What do legal services for a housing community involve?

Legal services for a community involve ongoing support for the management board in applying the Act on Ownership of Premises and conducting the community's affairs. We advise on everyday organisational matters, review contracts with contractors, and help to properly organise owners' meetings.

As part of ongoing service we prepare draft resolutions, regulations and letters, and we also represent the housing community in court disputes. To the boards of housing communities in Gdańsk and Gdynia we provide constant contact with a lawyer and support tailored to the scale of the property.

How to challenge a resolution of a homeowners' association?

A resolution of a housing community may be challenged before the court by way of an action for its annulment if it is contrary to the law or the owners' agreement, or infringes the interests of an owner. The time limit is crucial - the action must be brought within 6 weeks of the day the resolution was adopted at a meeting, or of the day of notification of a resolution adopted by way of individual collection of votes.

We help owners and management boards assess the merits of a challenge and prepare a claim within the prescribed deadline. We represent parties to disputes over resolutions before the courts in the Tri-City and remotely throughout Poland.

How to recover overdue fees and charges from members of the association?

We recover overdue charges for housing communities and cooperatives through amicable and judicial debt collection. We begin with a payment demand, and when the debtor does not respond, we refer the case to court and to bailiff enforcement.

In particular cases, where charges are persistently overdue, the Act on Ownership of Premises provides for the possibility of demanding the sale of the premises by auction. We help the boards of housing communities and cooperatives in Pomerania to effectively enforce receivables and maintain the property's financial liquidity.

How does servicing a housing cooperative differ from a homeowners' association?

A housing cooperative operates on the basis of cooperative law and the Act on Housing Cooperatives, and not the Act on the Ownership of Premises. This means different rules regarding membership, management, and the adoption and challenging of resolutions of the cooperative's bodies.

We serve cooperatives in corporate matters, disputes with members, conversions of rights to premises, and in proceedings concerning resolutions of the general meeting. We also advise cooperative members from Gdańsk and Gdynia pursuing their rights against the cooperative's bodies.