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Powstanie wspólnoty mieszkaniowej w świetle znowelizowanej w 2017 roku ustawy o spółdzielniach mieszkaniowych

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Kaźmierczyk A.

Kwartalnik Prawa Prywatnego

2018

vol. 27

issue 2

373-412

On 9 September 2017, the Act of 20 July 2017 amending the Act on housing co-operatives, the Act - Code of Civil Procedure and the Co-operative Law Act came into force. The amendment to the Act on housing co-operatives of 20 July 2017 covered, among others, issues concerning the creation of housing communities in housing cooperative buildings. Against this background, the analysis was carried out in this article. The analyzes concerned a new shape of regulations enabling the creation of a housing community in the buildings of the housing cooperative. The analyzes also concerned regulations that created the legal situation of the owners of premises after the creation of the housing community. The research done at work led to conclusions, that the regulations contained in the law on housing cooperatives, which they shape the possibility of creating a housing community in the housing cooperative buildings, cannot be evaluated positively. In particular, the provisions regulating the institution of establishing a housing community by virtue of law require the intervention of legislators. In the current form, it is difficult to accept any interpretation of these provisions. These regulations should be assessed as internally contradictory and ambiguous.

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1 Kwartalnik Prawa Prywatnego

1 Kaźmierczyk A.

1 2018

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Powstanie wspólnoty mieszkaniowej w świetle znowelizowanej w 2017 roku ustawy o spółdzielniach mieszkaniowych