Legal services for residential communities

Legal services for residential communities

Our extensive experience, especially in resolving disputes between developers and associations, work contractors and associations, as well as conflicts between associations, allows us to provide the highest possible standard of legal representation and achieve the best possible result.

Our fields of practice include

Support in the area of administration (analysis of agreements concluded by housing associations, preparation of internal acts – resolutions, statutes)

consultancy on communication and relations with members of housing associations and with external entities, including developers, administrators or renovators, to the extent necessary

assistance with ad hoc matters related to day-to-day administration

services at both in-court and out-of-court proceedings stage

Investigating claims against developers


Frequently asked questions

The way of managing the community property depends on the number of separate premises. If there are more than three premises, it is necessary to form a community board. The member of the community board may be a resident of the community or a professional chosen based on the community managing contract. Managing large housing associations may be a responsible, time-consuming task, which makes it a reasonable choice to employ a professional in this position. However, community management applies to current activities - in the case of activities that are not undertaken as part of day-to-day management, e.g. a decision on a larger investment, signing a significant contract, and the consent of the community members is required by way of a resolution. Activities exceeding day-to-day management include, in particular, determining the remuneration of the community board or manager of the common real estate, adopting the annual economic plan, determining the amount of fees to cover management costs, changing the purpose of part of the common real estate, determining, in cases not regulated by law, part of the costs related to the operation of equipment or parts of the building serving both for the use of individual owners of the premises and for the shared use of owners of at least two premises, which will be included in the management costs of the common property.

The administrator is liable to the community for the proper performance of his duties. It is no different whether the administrator is a professional or whether he or she accepted the duties without any professional experience. It is advisable that the administrator and the housing association protect themselves against the damages caused by poor management by acquiring a third-party liability insurance cover for the property administrator.

It is not uncommon for members of a community to be in arrears with payments. There are various reasons for such arrears - dependent and independent on the community member. In the case of the lack of will to settle due payments, it is necessary to take legal action in order to obtain an enforcement title that enables the recovery of receivables through bailiff enforcement. If the person in arrears with payments shows no will to cooperate, this is the only possible way of receiving due payments. Taking care of the collection of unpaid debts from members of the community is the primary responsibility of the community management board.

The administrator cannot individually make decisions in every matter. The administrator is entitled only to perform ordinary tasks, which are related to day-to-day, ordinary matters. The nature of each task is subject to assessment each time, however, in most cases, the commissioning and performance of a major renovation of the managed property will require the consent of the community members expressed by way of a resolution.

The basic task of the community board is to ensure safety on the property. This obligation applies to the residents and to other people who are on the property. First of all, it is necessary to take care of the cleanliness and technical efficiency of the infrastructure, but also to combat slipperiness in the winter. In the case of entrusting these tasks to third-party companies, it is still necessary to monitor and check on an ongoing basis whether they are complying with the concluded contracts. In addition, it is safe to make sure that the community and its board members have proper liability insurance coverage. In case of issuing claims, the potential cost of the damages will be covered by the insurer, who, with the help of its experts, will consider the validity of the claims and take on the financial burden of any litigation.

Contact us

Can’t find answers to your questions? Contact our expert:

Kamil Sztorc

Legal Adviser


+ 48 22 251 64 61