Community or association of owners

1. Does your national law envisage that the owners of the apartments are organised in any type of association or community to take decisions about common interests in the building or block which their apartments belong to?

Polish law envisage that the owners of the premises are organised in association of owners to take decisions about common interests on the building or block which their apartments belong.

Members of the management board conduct the affairs within the ordinary course of the association of owners and represent the association. Members of the management board may be appointed from among association of owners or from other persons.

Where the management board is composed of more than one member, two members of the management board acting jointly shall be authorised to make statements on behalf of the association of owners. A member of the management board may be removed or suspended by a resolution of association of owners.

2. In this case, does Law this association have a legal personality?

Polish law doesn’t award legal personality to association of owners.

3. Otherwise, are these matters dealt with under the ordinary regime for co-ownership, or are there special features in these cases?

If the account of the separate ownership of premises and premises which have not been separated is less than 7 the management board shall be governed by the provisions of co-ownership (polish civil code, polish civil procedure).

If the account of the separate ownership of premises and premises which have not been separated is more than 7, association of owners is obliged to choose the management board composed of one or more members. In these situations the management board shall be governed by the provisions of Condominium Units Act of June 1994.