Real estate law, including all matters related to the operation of homeowners’ associations, is one of our firm’s key areas of expertise. From experience, we know that issues in this area are multifaceted and involve elements of civil and administrative law, as well as practical aspects of property management.
Housing Communities
- Operational stability of homeowners’ associations
- Extensive litigation practice
- Practice-driven approach
- Structured client communication
We offer support to both property owners and homeowners’ associations, providing comprehensive legal services to homeowners’ associations. When resolving issues, we take into account not only the legal aspects but also the dynamics of cooperation and communication between property owners and the association’s board.
In practice, many housing communities operate in a manner that deviates from the statutory requirements set forth in the Act on Ownership of Premises, and property owners often wonder about their rights and the legal remedies available to them. In response to these challenges, we represent apartment owners and housing community boards in disputes with housing communities, and we effectively assist in rectifying irregularities in the community’s operations.
Our services in matters related to the operation of housing communities include, in particular:
- representing unit owners in cases seeking to overturn resolutions of the housing community,
- handling disputes related to the operation of commercial and retail units within housing communities,
- taking legal action in cases of legal violations by the housing community’s board,
- assisting property owners in the process of removing the housing community’s board,
- preparing and filing motions to appoint a court-appointed administrator for the housing community,
- conducting legal audits of housing communities, including analyses of resolutions, agreements, and actions taken by the board,
- pursuing claims for damages against housing communities,
- representing unit owners in criminal cases concerning the liability of the housing community’s board.
Related articles
-
Housing Communities
Challenging a housing association resolution – when and how can it be overturned?
Read -
Housing Communities
Housing association approval for the sale of alcohol – when is it required and how can it be obtained?
Read -
Housing Communities
Criminal liability of the management board of a housing community for causing financial damage to the community (Article 296 of the Polish Criminal Code)
Read -
Housing Communities
Compulsory sale of premises in a housing community – when is it permissible? (Article 16 of the Polish Act on Ownership of Premises)
Read -
Housing Communities
Court-appointed administrator for a housing community in Poland
Read -
Housing Communities
Suing for unpaid service charges in a Polish housing community
Read -
Housing Communities
Criticising a housing community board in Poland: when it crosses the line
Read -
Housing Communities
Housing community defect claims: common resolution mistakes
Read
The second pillar of our practice is providing ongoing legal services to homeowners’ associations and property management companies, including during the post-development phase. We recognize that in the day-to-day operations of homeowners’ associations and management boards, there is often a need for professional legal support, as the regulations governing the management of common property are complex and multifaceted.
As part of our legal services for housing communities, we provide:
Legal advice and support for the day-to-day management of housing communities:
- providing ongoing legal assistance to housing communities, including regarding the interpretation and application of the Act on Ownership of Premises and other regulations
- related to the operation of housing communities,
- ongoing advice on the management and administration of common property,
- support for boards, managers, and administrators in the proper adoption of resolutions and the review of draft resolutions,
- preparation of written legal opinions and conducting working consultations for housing communities.
Drafting and reviewing documents related to the day-to-day operations of homeowners’ associations:
- drafting and reviewing homeowners’ association bylaws, tailored to applicable laws and the needs of association members,
- drafting other internal documents necessary for the proper functioning of the association, including resolutions, minutes, and internal procedures,
- reviewing and preparing contracts entered into by housing communities, including with contractors, service providers, and business partners,
- analyzing and preparing contracts with property managers and administrators.
Handling disputes and litigation:
- representing housing communities in disputes with developers, particularly regarding defects in common areas of the property,
- representing housing communities in court and out-of-court proceedings, particularly regarding challenges to resolutions, disputes with unit owners, and the collection of financial claims by the communities,
- conducting proceedings for the compulsory sale of a unit within a housing community,
- representing the board of housing communities in cases involving the infringement of their personal rights by members of housing communities,
- representing clients in cases concerning the criminal liability of the board of a housing community.|
Legal services for debt collection processes involving housing communities:
- comprehensive handling of cases related to housing community receivables, including issuing payment demands and negotiating with debtors,
- representing the community in court and enforcement proceedings,
- ongoing advice on effective debt collection strategies that minimize the risk of disputes and payment delays,
- support in conducting out-of-court proceedings, mediations, and negotiations with debtors.
Investment and Renovation Services:
- legal support for investment and renovation projects carried out by homeowners’ associations, particularly regarding contractor liability, warranties, and guarantees,
- analyzing, drafting, and negotiating contracts with contractors; verifying provisions regarding contractor liability, warranties, and guarantees; and reviewing documentation related to project acceptance and warranty claims.
Related articles
-
Housing Communities
Removing the board of a housing association in Poland – a step-by-step guide
Read -
Housing Communities
Audit of a homeowners’ association and the activities of its board
Read -
Housing Communities
Is online voting in a housing association in Poland legal?
Read -
Housing Communities
Choosing a renovation contractor for a Polish housing community
Read -
Housing Communities
Control of the housing community management board – right to inspect documents and scope of control
Read -
Housing Communities
When a housing community can enter your flat in Poland
Read -
Housing Communities
Housing community rules in Poland: what they can and can’t cover
Read -
Housing Communities
Can a housing community prohibit short-term rentals in Poland? Legal analysis and practical solutions
Read -
Housing Communities
Polish housing community council: how to set it up
Read -
Housing Communities
Service charge increases for commercial premises in a building managed by a housing community in Poland
Read
Why should you entrust your case to our law firm?
- There are many law firms on the market that claim to provide services to homeowners’ associations, but in practice, this is often just a side business. At our firm, it’s different—we’ve been handling matters related to homeowners’ associations for years, and it’s one of the cornerstones of our practice.
- We regularly publish and comment on matters concerning housing communities, sharing the knowledge and practical experience we have gained while serving numerous communities and handling disputes related to them.
- We serve both housing communities and individual unit owners, which allows us to understand the dynamics of conflicts and better tailor our legal services to specific needs.
- In every case, we strive to act primarily preventively, minimizing the risk of litigation.
- We combine legal knowledge with a practical business approach, providing solutions that can be implemented in the day-to-day operations of the community.
- We focus on tangible results: winning a case, recovering debts, or resolving an issue, rather than engaging in years of litigation.
- We are responsive—in matters concerning housing communities, a quick response is often crucial. We commit to a specific response time for current inquiries and document reviews.
- We ensure the availability of telephone consultations and working meetings so that we can discuss the issue together at any time.