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1

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

100%
Kaźmierczyk A.
Kwartalnik Prawa Prywatnego
|
2018
|
vol. 27
|
issue 2
373-412
EN
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.
2

Der Geltungsbereich der entstandenen ex lege des Sonderraumeigentums (Art. 1718 Gesetz über Wohnungsbaugesellschaften)

100%
Kaźmierczyk A.
Rejent
|
2023
|
issue 8 (388)
32-51
EN
The creation of separate ownership of premises ex lege by way of transformation of the cooperative ownership right to premises into the right of separate ownership of premises is regulated in Art. 1718 sec. 1 of the Act on housing cooperatives. The subject of the article is one of the problems generated by the indicated regulation, and concerning the undeterminable shape of the institution of separate ownership of premises established ex lege (objective scope of ownership of premises and common property). It has been shown in the work that there are no regulations corresponding to the problems generated by the situation of the creation of separate ownership of the premises by law. Thus, housing communities formed in this mode were left without legal tools to resolve conflicts closely related to the creation of separate ownership of premises by law. In particular, these disputes may be related to the determination of the legal status of the property to which individual owners are entitled and the amount of shares in the joint ownership of the common property.
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