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Painful divorce from the cooperative. Often, only the court reconciles the opposing parties

The reasons why residents want to separate themselves from the cooperative and form a community are different. It can be tiredness of functioning in the juggernaut that a cooperative can be, dissatisfaction with the way it is managed, or lack of consent to decisions made by the board.

Homeowners can thank the cooperative for their continued cooperation and form a community, but sometimes it is a painful journey. Most disputes with managers concern financial settlements – reminds Rzeczpospolita.

The newspaper gives the example of a community that could not agree with the cooperative about money from the renovation fund. The cooperative explained that the payments went to the common cash register, so it is impossible to estimate what part they paid – and they did not have time to use it yet – there were already cooperatives.

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The case went to the court which agreed with the new community. The court referred to the provision that the majority of owners of premises in a building or buildings located within a given property, calculated according to the size of shares in the joint property, may adopt a resolution that, in terms of their rights and obligations and the management of the joint property.

In addition, the court argued, upon termination of membership, the owner of the premises becomes a co-owner of the funds accumulated on the renovation fund in the amount corresponding to the share in the joint ownership of the common real estate attributable to that premises.

This is a problem that affects 800 cooperatives across the country.

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Billing is not everything. The issue of using the common part of the property can arouse much more emotions. Imagine the new community block is surrounded by cooperative buildings. Roads renovated by the cooperative lead to it, and children drag their parents to playgrounds that were once built by the cooperative and are maintained by it on an ongoing basis.

Stefan Jacyno, attorney-at-law, partner at the Wardyński i Wspólnicy Law Firm admits in an interview with Rzeczpospolita briefly: “You have to pay for others, whether you want to or not.”

– According to the Civil Code, if you use someone else’s infrastructure, including a cooperative one, you are entitled to remuneration. A lot of people just don’t know it or don’t want to know it. For both sides, the best solution is to establish an easement of passage and passage – he argues.

Another thing is that the young community will not remain ignorant for a long time, because the cooperative will quickly inform it in an appropriate letter about the need to pay fees.

Some cooperatives, after years of complete stagnation, still have the ability to quickly undertake housing investments.

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18 min. ago

Observer to the sideDo not disband the cooperative, because where the activists of PISU will profit under the table and force decisions that are not favorable to the Cooperatives

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3 min. ago

filipAnd when it will be that my housing property and I can not chase the tenant because he does not pay

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