A housing community. Long list of tasks. It is better to know about them

There are about 5 million housing communities in Poland, consisting of all the owners of premises in a given property. Membership in the housing community is automatic, ie it is created when the premises are purchased and can not be exercised.

A housing co-operative is created by law during the separation and transfer of ownership of the first premises of a building, that is to say at the time of the signing of the first notarial deed of the developer and the owner. The purpose of forming a community is to work together to maintain the soil, building and facilities and its common areas in good condition. When buying an apartment, the buyer automatically becomes co-owner of the shared property and has the right but also the obligation to participate in the management of it.

What are the right owners of apartments?

Each owner has the right to use non-residential or non-residential premises and common property in accordance with the purpose for which they are intended. Common property includes all parts of the building and parcels of land, from which the owners of the premises can use the same extent. These include, but are not limited to, access to and access to parking blocks and parking spaces, stairs, elevators, intercom systems, central heating, attics, dryers and basements.

This right, however, can not limit the property rights of other owners and disrupt the use of neighboring properties beyond the average extent resulting from the socio-economic destination of real estate and local relations.

See also: How to check the developer?

Although, in the case of your own apartment, the issue is relatively simple – the owner has full rights to the use and assignment of premises, limited only by the property of another owner – for the common parts of the property, the size of the shares and, therefore, the "weight" of voting in a housing community, depends on the size of the occupied premises.

One of the important decisions that all homeowners must make is how to manage a common property. Large housing communities, covering more than seven premises (after the announced change in regulation out of three), are required by law to appoint the board.

The management board may include representatives of the apartment owners, but most often, the communities decide to entrust the management to specialized companies with the appropriate skills and knowledge of the regulations, which allows to take full ownership in charge of the property, its surroundings and the interests of the community. It is important to note that this does not mean losing control of the property, as each member has the right to participate in meetings and management activities, while having access to community documents.

Make important decisions

Owners have the right to decide any activities beyond the scope of ordinary management in the form of a resolution. This concerns in particular issues related to:

• determine the amount of fees to cover management fees and management board fees;
• adoption of the annual economic plan,
• changing the destination of common property;
• authorize the superstructure or reconstruction of common real estate;
• define the scope and modalities of the Manager's management of common property management cost records, as well as advance payments made to cover those costs.

Resolutions of the owners are taken at a community meeting, which must be held at least once a year, or by an individual collection of votes by the council. In many communities, residents can enjoy many facilities related to voting and access to community information.

We observe the growing awareness of homeowners about opportunities for practical participation in community activities. Continuous engagement in community affairs allows for quick decision-making and, therefore, better protection of the proper functioning of real estate.

– In the communities we manage, residents have 24-hour access to the online customer area, in which they can not only check the status of their payments, report the status of the meter or default, but also vote on online resolutions, which greatly improves the current service – says Maciej Szymańskiz, we are there.

Community members can also demonstrate their own initiative and convene a meeting at the request of local homeowners with at least 1/10 of joint actions to discuss important business issues. ; news. Every homeowner also has the right to challenge a community resolution in court if he considers it to be against the law or the landlord's contract, or if he violates the principles of good property management. or his own interests.

If the property generates profits or revenues, for example by placing a banner on the wall of the building or by placing photovoltaic panels on its roof, the owners can allocate them to cover expenses related to its operation and maintenance. In case of surplus, the accumulated funds belong to the owners, according to their shares in the real estate.

Residents may also decide to allocate funds to a renovation fund or an investment intended for all tenants, for example building a playground or a bike shed.

What are the tasks of a member of a housing community?

The primary responsibility of the owners of the premises is to incur expenses related to the maintenance of their own premises in the appropriate conditions. This applies to user charges, such as water, gas, electricity and heating, for the disposal of waste water or waste, as well as for necessary repairs and maintenance of order. .

As a member of a residential community and co-owner of a shared property, the owner is also obliged to contribute to the costs related to its maintenance.

These expenses are proportional to the share of the property and include the management fees, which include:

• repair and routine maintenance expenses;
• the cost of electricity and heat, gas and water, as well as the costs of a collector antenna and elevators;
• insurance and property taxes;
• cleaning of common areas;
• remuneration of the members of the executive board or the manager.

Members of the housing sector make advance payments to cover the costs of managing common property in the form of current monthly payments. Importantly, you can not claim a cost exemption or limit the amount if you do not use certain parts of the building, such as an attic or a pram.

However, by using the services of professional managers, real estate maintenance costs can be reduced – their field of activity allows negotiating the most advantageous rates with utility providers, subcontractors or companies. insurance – adds Maciej Szymański.

The owner of the apartment is also required to allow authorized persons to enter their premises at the request of the property manager or administrator. This applies to situations such as the repair, maintenance, renovation or elimination of a failure in a common property, as well as the building equipment with additional facilities.

Respect the rules and ensure the common good

Organizing the lives of residents in a building in the form of a community is to facilitate living under one roof, reconciling often conflicting expectations and resolving conflicts, as well as ensuring the common good of all. Is residential property. To this end, tenants should not disrupt the order of the house and comply with it not only in their apartments, but also in the common areas owned by all owners.

If one of the residents far exceeds the rules of the adopted regulation, use common property and his own apartment in a way that bothers other residents or who has long-term payment arrears, exposing others. Residents at higher expenses, the housing community has the right, during the proceedings, to sell premises of a troublesome tenant at auction.