How does a homeowners' association work? Find out!
The decision to buy a flat in a block of flats is often the beginning of a new stage in life. However, along with the keys to your own home, you may also become part of a homeowners' association (wspólnota mieszkaniowa). Wondering whether this means additional obligations? How does such an association work? Want to better understand your rights as a member of the association? Here is the most important information worth knowing.
What is a homeowners' association?
A homeowners' association is an organised group of unit owners whose properties form part of a single building or complex of buildings. It enables effective management of the building and representation of its residents' interests. According to Article 6 of the Act on the Ownership of Premises, a homeowners' association arises automatically when at least one unit in a property is separated out and sold.
Although a homeowners' association does not have legal personality, it can incur obligations, acquire rights, and sue and be sued. The association includes all owners of units, both residential and commercial, located in a single building or in a complex of buildings covered by a shared land and mortgage register (księga wieczysta).
How is a homeowners' association created?
As we have already mentioned, a homeowners' association is not set up deliberately – it arises automatically at the moment the first unit in the property is separated out. This process may result, among other things, from:
- concluding a sale agreement for a unit;
- a unilateral act of the property owner;
- the transformation of a housing cooperative into a homeowners' association;
- a court ruling;
- acquisitive prescription;
- division of the property.
Membership of the association is compulsory – it ends only when the unit is sold.
Rights and obligations of association members
Members of a homeowners' association have a number of rights, including the right to use the common parts of the property, as long as they do not infringe the interests of other members. Every owner has the right to take part in the association's meetings, to inspect documentation and to submit comments on the management of the property.
However, membership of the association also comes with certain obligations. These are above all paying the charges for maintaining the common parts (e.g. contributions to the renovation fund) and complying with the association's rules. Every unit owner is obliged to look after the condition of their property and provide access to it when necessary, e.g. while a breakdown is being repaired.
Is it worth sitting on the association's board?
People involved in the life of the association can gain a real influence on their immediate surroundings. The association's board is responsible for important decisions concerning the property. This gives members the satisfaction of shaping how it functions.
