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EN
The subject of the opinion is providing answer to a question whether, in a view of the indicated Constitutional Tribunal’s judgement, a housing cooperative has the right to deprive a pending person – who paid housing contribution in the shape of saved cash from a housing passbook on account of a flat – of membership of the cooperative. It flows from the Constitutional Tribunal’s judgement that only such natural persons who are entitled to cooperative tenant law for the apartment, cooperative ownership law for the apartment, separate ownership or the promise of separate ownership can be members of the housing cooperative. Admission to the housing cooperative of a person, who does not possess one of the rights indicated in the judgement is not admissible.
EN
The advertisements of new housing estates convince us of a new quality of the flat environment. The aim of the text is to present a cultural image of new housing estates of blocks of flats built after 2000. A dominant organizational form are housing cooperatives there. They were described through the prism of the organizational culture. The analysis of the content of opinions on the housing cooperative Internet fora was made, namely the analysis of the topics important for inhabitants, methods of their joint actions, norms binding in these communities and ways of taking social control. The studies included 30 opinions from the housing cooperative Internet fora from Gdańsk, Poznań, Warsaw, Wrocław and Łódź.
EN
A housing cooperative that owns a real estate or a construction object and a perpetual usufructuary of land is a taxpayer regarding the real estate tax, except that it is paid according to different rates. In case of land and buildings related to business operations, the tax is calculated at higher rates. In the author’s opinion, the statutory phrase “buildings related to conducting business activities” should be understood as a fact of an actual use of a residential building for such activities.
EN
This article deals with the rules and procedures for transformation of rights to apartments in housing cooperatives. The transformation means changing rights of housing cooperative members (occupancy right, ownership right) into strata titles. Housing cooperatives with an unregulated legal status of land are only conditionally allowed to transform the right to occupancy into the right of ownership to a residential unit. The rate of transformation of rights to apartments in housing cooperatives depends on the legal regulations which govern the procedures and financial conditions. This study has demonstrated that most transformations concern a change of occupancy right to an apartment into strata title. Consequently, the percentage of apartments in housing cooperatives to which tenants held occupancy right fell from 23.7 to 6.5% during the analyzed period of time.
EN
The article presents the issue of securing cooperative claims against the background of selected judgments of the Supreme Court. Such claims may be secured by establishing a mortgage, a registered pledge or the transfer of ownership for security. A cooperative, especially a housing cooperative, may be a beneficiary of such securities as a creditor. The assets of a cooperative can also be encumbered. It is not possible to establish security on a real estate with an unclear legal status. Establishing a mortgage on a separate ownership of the premises for which a land and mortgage register cannot be established is excluded. In a case of a title transfer for security, it is crucial to contractually define the mechanism of clearance for the parties and the issue of the so-called oversecuring.
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