A homeowners' association (wspólnota mieszkaniowa) – how does it work?

Buying a flat involves taking care of many formalities. In the case of flats in tenement buildings or blocks, their residents often set up homeowners' associations (wspólnoty mieszkaniowe). It is worth learning the rules by which such an organised group of residents operates. What is a homeowners' association and how does it work? Find out more. We invite you to read on, especially if you want to set up an association where you live.

What is a homeowners' association?

A homeowners' association is formed by the owners of the units in a block of flats or tenement building. It can be set up in a building with nine units, but also fifty. The association arises by operation of law at the moment the first unit is separated out as an independent property. Two properties then come into being, because there are two land and mortgage registers (księgi wieczyste) – one for the unit and one for the building. The right of ownership of the unit gives rise to the right of co-ownership of the building property. The members of the association choose its building manager. Because of its legal nature, a homeowners' association is compared to a general partnership.

What does the work of the association's management board involve?

If a group of residents decides to renovate the building, for example to replace windows, paint the staircase or replace the wiring, the association's management board should choose the contractor for the work. The same rule applies to maintenance or cleaning work. The representative concludes contracts with companies and is responsible for settling accounts with them. The representative also has control of the association's bank accounts. The management board also chooses the building administrator.

READ ALSO – THE DUTIES OF A PROPERTY MANAGER

A homeowners' association – how does it work?

Every owner of a particular unit holds a share in the association. The common property comprises the land and those parts of the building and its facilities that do not serve solely the owners of individual units. An association may be called small if the number of residential units does not exceed seven. Its management board may be chosen by resolution or by means of a notarial deed (akt notarialny). The owners also appoint a person who performs delegated functions, called the administrator.