Housing community? How does it work and can anyone become a member?

Do you want to buy an apartment? If so, be sure to check whether you will automatically receive the status of a member of the housing community. What does membership in the community depend on? What rights and obligations does a community member have? We answer these and other questions in the article below. We invite you to read it.

What is a housing community?

According to the provisions of the Act on Property Ownership of June 24, 1994, a housing community is an association of apartment owners in a residential building. It is worth emphasizing that this issue applies only to properties owned by developers, local government units, workplaces, or individuals, which were created after January 1, 1995. If the building is owned by a housing cooperative, the establishment of a housing community is possible after fulfilling certain conditions.

Housing community – types

The moment of establishing a housing community is when the separate ownership of the first property within a residential building or a housing estate consisting of several buildings is established. Many people may be surprised by the fact that the law does not impose the necessity of entering into additional agreements between owners related to the creation of a housing community.

The Act of June 24, 1994, on Property Ownership, which we have already mentioned, distinguishes two types of communities. As a result, there can be:

• Small residential community – includes no more than 7 residential units. This type of community operates based on co-ownership regulations. Actions that go beyond the scope of the management’s duties require approval from all property owners. In case of disputes, each co-owner has the right to seek their claims in court.
• Large residential community – includes more than 7 residential units. The rules of management are completely different compared to those in a small community. Decisions are made based on a majority vote, which is counted according to the shares owned by the property owners.

Due to the fact that the number of residential units, even in modern housing estates, exceeds the aforementioned threshold for small communities, property owners usually form large housing communities. This includes virtually all modern developer apartments in Poznań and other investments located in large cities.

Who Can Become a Member of a Housing Community?

According to the law, a housing community is established by operation of law. Every owner of a residential unit who has purchased the unit from the owner of the land property, such as a developer, automatically receives membership. Membership is valid at the moment of separating ownership of independent properties through a notarial deed of transfer of ownership rights and registering the new owner in the land and mortgage register.

Interestingly, one cannot resign from membership. The annulment of participation in the community is only possible after selling the property and transferring ownership rights to a new owner.

It is also possible to expel a member from the community. However, this occurs only in extreme situations, such as significant arrears related to unpaid property management costs, gross violations of community order, or improper use of common property.

The inability to unilaterally transfer membership means that even if the unit is rented, the owner remains a member of the housing community. According to the law, tenants and persons using property owned by the municipality cannot be members of the community. It is also worth noting that any actions of the tenant do not affect the owner's membership. Even if the tenant causes damage, the responsibility for repair falls on the person who caused it.

Housing Community – Rights and Responsibilities

The main goal of the housing community is to manage the elements of the property. Management may also include ancillary infrastructure such as green areas, elevators, lobbies, boiler rooms, or garbage shelters.

Owners of units can also determine issues such as the amount of fees to cover management costs and its remuneration, the repurposing of common spaces, or the adoption of an annual economic plan. The resolutions passed should be approved at community meetings, which must be legally organized at least once a year.

Regarding responsibilities, they are primarily related to bearing the costs associated with maintaining one's unit in good condition. Members of residential units are obliged to pay bills for utilities and garbage collection.

The main initiative of the community is to maintain common areas in proper condition. It cannot be denied that this form of management is necessary, especially in the context of modern investments that attract attention with their aesthetics and functionality. A perfect example is the “Grunwald Among the Trees” estate. The residential building consists of four entrances, each surrounded by greenery.

In the context of the housing community, taking care of the surrounding greenery can become not only an obligation but also a way to foster neighborly integration.

Currently, there are over 100,000 housing communities operating in Poland. If you are looking for a way to integrate with your neighbors and want to develop your management skills, be sure to check out new apartments in Poznań and buy a property. We warmly invite you to explore the offer from Ronson Development.