Claim for payment of service charges to a homeowners’ association in Poland – required elements, legal basis, and practical guidance

A claim for rent payment filed by a housing community in Poland is a basic legal tool that a housing community can use to collect outstanding rent from the owner of a flat.

The legal basis for the housing community’s claim is not only the content of the housing community’s resolutions covering the amount of fees to cover the costs of managing the common property, advance payments for utilities and the renovation fund, but above all the provisions of the Polish Act on the Ownership of Premises. These regulations clearly impose the obligation to bear the costs of maintaining the common property on the owners of the premises.

The correct preparation of a claim for payment is crucial for the efficient obtaining of a favourable judgment (payment order) for the housing community and, subsequently, the effective enforcement of the debt through enforcement proceedings. 

In this publication, we have undertaken a practical discussion of the elements that should be included in a claim for payment filed by a housing community:

• What is the legal basis for a lawsuit for payment of outstanding fees to a housing community?
• Does filing a lawsuit against a member of the housing community for payment of rent require a resolution by the housing community?
• To which court should the housing community file a lawsuit for payment of outstanding fees?
• What is the value of the subject matter of the dispute and what is the value of the subject matter of the dispute in a case brought by a housing community for payment of outstanding rent?
• How should the parties to the lawsuit be identified in a lawsuit for payment of outstanding payments to a housing community?
• How should a housing community formulate its claim in a lawsuit?
• What evidence should the housing community submit in the claim?
• How should the statement of claim for payment of rent be formulated?

What is the legal basis for a claim for payment of outstanding fees to the housing community?

The legal basis for the claim brought by the housing community is Article 12(2) of the Polish Act on Ownership of Premises, according to which the owners of premises – members of the housing community – are obliged to bear all expenses and burdens related to the maintenance of the common property. The Polish Act therefore explicitly states that flat owners are responsible for charges and expenses in proportion to the value of their shares in the common property, as specified in the land and mortgage register kept for the property and for the flat. Pursuant to Article 15(1) of the Polish Act on Ownership of Premises, owners of premises shall pay advances in the form of current fees, payable in advance by the 10th day of each month, to cover management costs.

Furthermore, Article 13(1) of the Polish Act on Ownership of Premises explicitly states that the owner shall bear the expenses related to the maintenance of their premises and shall be obliged to contribute to the management costs related to the maintenance of the common property. Article 14 of the Polish Act on Ownership of Premises specifies what constitutes the costs of managing common property, which may include, in particular:

• expenses for renovations and ongoing maintenance,
• fees for the supply of electricity, heat, gas and water, in the part relating to the common property, as well as fees for the communal antenna and lift,
• insurance, taxes and other public law charges, unless they are covered directly by the owners of individual premises,
• expenses for maintaining order and cleanliness,
• remuneration of members of the management board or administrator.

The statutory regulation uses the phrase ‘in particular’, which means that the costs listed therein are examples, and the list of expenses included in the costs of managing common property is not exhaustive. Consequently, other expenses may also be included in these costs if they are directly related to the proper functioning, maintenance and operation of the common property and serve to fulfil the statutory tasks of the housing community specified in the Polish Act on Ownership of Premises. This means that flat owners are obliged to contribute not only to the costs directly specified in the Polish Act, but also to other expenses, provided that they have been properly determined by a resolution of the housing community and are justified from the point of view of the management of the common property.

A practical example from Polish case law:

“Article 14 of the Polish Act on Ownership of Premises contains only an illustrative list of costs, as evidenced by the phrase ‘in particular’. However, pursuant to Article 12(1) of the Polish Act on Ownership of Premises, the owners of premises are obliged to bear all costs, expenses and charges related to the maintenance of the common property. Therefore, the costs of managing the common property shall also include expenses for purposes other than those listed in Article 14, if they are related to the maintenance of the common property.” (judgment of the Court of Appeal in Warsaw, 1st Civil Division, of 19 September 2019, ref. no. I ACa 396/18).

Does filing a lawsuit against a member of a housing community for payment of rent require a resolution by the housing community?

Pursuant to Article 22(1) of the Polish Act on Ownership of Premises, ordinary management activities are undertaken by the management board independently. However, pursuant to paragraph 2 of the provision, in order for the management board to take action exceeding the scope of ordinary management, a resolution of the owners of the premises is required, expressing consent to perform such action and granting the management board the power of attorney to conclude agreements constituting actions exceeding the scope of ordinary management in the form provided for by law.

Our experience shows that sometimes there is doubt as to whether a housing community should pass a resolution consenting to the filing of a lawsuit for payment of outstanding fees, or whether passing a resolution is necessary to initiate debt collection. For years, it has been unanimously accepted in literature and case law that ordinary management activities concern the day-to-day management and operation of the property, as well as activities aimed at maintaining it in an undeteriorated condition, including the collection of benefits and income. Such activities undertaken by the management board of a housing community are directly related to the basic activities of the housing community and have little financial impact on the residents. Consequently, it follows that the above circumstances determine that the filing of a lawsuit by a housing community to recover due costs constitutes an Polish Act of ordinary management, and therefore it is not necessary to vote on a resolution.

A practical example from Polish case law:

“The filing of a lawsuit by a housing community against a member of that community for the payment of a sum of money on account of costs incurred by that member for the benefit of the community constitutes an Polish Act of ordinary management within the meaning of Article 22(1) of the Polish Act of 24 June 1994 on the ownership of premises” (Supreme Court resolution of 18 October 2013, ref. no. III CZP 42/13)

To which court should a housing community file a lawsuit for payment of outstanding fees?

The lawsuit should specify the competent court, i.e. the court to which the housing community is filing the lawsuit. Pursuant to Article 27 § 1 of the Code of Civil Procedure, the action is brought before the court of first instance in whose district the defendant resides. Therefore, if the premises are located in Krakow and the owner of the premises lives in Warsaw, the lawsuit should be filed with the appropriate court in Warsaw. However, housing communities should bear in mind that in some cities, including Warsaw, district courts are divided territorially into several courts, and their jurisdiction covers specific districts and surrounding municipalities. Therefore, in each case, it is necessary to correctly identify not only the city where the lawsuit is filed, but also the relevant district.

If the claim of the housing community does not exceed PLN 100,000, the action is brought before the competent district court; if it exceeds PLN 100,000, it is brought before the regional court. As a rule, however, claims by housing communities for rent payments do not exceed PLN 100,000, and therefore in most cases the competent court will be the relevant district court.

What is the value of the subject matter of the dispute and what is the value of the subject matter of the dispute in a case brought by a housing community for payment of rent arrears?

The value of the subject matter of the dispute is a specific amount of money that the housing community is claiming in the proceedings against the owner of the premises. Its determination is a formal requirement, on which not only the jurisdiction of the court depends, but also the amount of the court fee for the claim. As a rule, the value of the subject matter of the dispute will be the amount of the flat owner’s debt. The amount of the court fee for the claim, which the housing community is obliged to pay to the court’s account, is regulated by the Polish Act of 28 July 2005 on court costs in civil cases and is determined depending on the amount of the claim. 

A practical example from Polish case law:

“The provisions of Articles 19-26 of the Code of Civil Procedure use the term “value of the subject matter of the dispute”. The value of the subject matter of the dispute is stated in the statement of claim. The stated value of the subject matter of the dispute is primarily relevant for determining the court with jurisdiction to hear cases concerning property rights. The value of the subject matter of the dispute forms the basis for calculating court fees when their amount is derived from the value of the subject matter of the dispute” (Supreme Court ruling of 14 November 2008, ref. no. I Cz 102/08).

How to designate the parties in a claim for payment of arrears to a housing community?

One of the formal requirements of the statement of claim is to precisely identify the parties, i.e. the claimant (housing community) and the defendant (owner(s) of the premises). The housing community should be identified by its full name, address for service, tax identification number, telephone number and e-mail address, and if represented by a legal representative, the representative’s details and address for service. The defendant’s details will be their first and last name, address of residence and personal identification number.

How should the housing community formulate its claim?

One of the key elements of the statement of claim is the precise formulation of the claim, or, to put it simply, an unambiguous indication of what the housing community is demanding from the defendant. As a rule, in cases concerning the payment of rent (fees due to the community), the statement of claim should include, in particular:

• the exact amount claimed in the lawsuit, clearly indicating whether it includes only the principal amount or also other components (e.g. interest),
• in the case of interest claims, specify the type of interest (usually statutory interest for late payment) and the date from which it is to be calculated,
• specify the period for which the claims are being pursued (e.g. indicate the months for which the defendant has not paid the fees),
• precise indication of the legal basis for the claim, i.e. indication that the amount claimed results from unpaid fees to the housing community, determined in accordance with Article 15 of the Polish Act on the Ownership of Premises and resolutions of the community.

It is important to precisely list all outstanding advance payments to the court, together with their monetary values and dates, as this increases the likelihood of obtaining a payment order and generally facilitates court proceedings for the housing community. In practice, it is the content of the claim that determines the limits of the court’s examination of the case, and the court cannot rule beyond the claim or in any other way than it was formulated in the statement of claim. A printout from a programme calculating the amount of interest may also be attached to the statement of claim to further facilitate the court’s work.

An example of a judgment, i.e. a payment order in summary proceedings, may therefore read as follows:

“The District Court for the Capital City of Warsaw in Warsaw orders the defendant XY to pay the claimant, the Property Community located in Warsaw at ul. ZYX 10 in Warsaw, the amount of PLN 16,000 with statutory interest for delay calculated as follows within two weeks of delivery of the order:

– PLN 1,900 from 11 January 2025 until the date of payment,

– PLN 1,900 from 11 February 2025 until the date of payment,

– PLN 1,900 from 11 March 2025 until the date of payment,

– from the amount of PLN 1,900 – from 11 April 2025 until the date of payment,

(…)

together with the costs of the proceedings in the amount of PLN 3,417 (three thousand four hundred and seventeen zlotys) with statutory interest for delay from the date of the payment order becoming final until the date of payment, including the costs of legal representation in the amount of PLN 2,400, or lodged an objection with this Court within that period”.

A practical example from Polish case law:

‘Pursuant to Article 187 § 1(1) of the Code of Civil Procedure, the claimant is obliged to include in the statement of claim a ’precisely defined claim‘, i.e. a claim in a form that allows it to be considered, which, in simple terms, means that its content can be transferred to the operative part of the decision’ (judgment of the Court of Appeal in Warsaw, 6th Civil Division, of 2 March 2017, ref. no. VI ACa 1976/16).

What evidence should the housing community submit in its statement of claim?

In accordance with the general rule of burden of proof expressed in Article 6 of the Civil Code, the burden of proving the validity of a claim in a case rests with the housing community. However, pursuant to Article 3 of the Code of Civil Procedure, the obligation to present evidence rests with the parties. However, pursuant to Article 229 of the Code of Civil Procedure, facts admitted in the course of the proceedings by the opposing party do not require proof if the admission does not raise doubts as to its conformity with the actual state of affairs.

The requirements described above seem to be particularly important in terms of the obligation to demonstrate and prove the correctness of the calculation of the amount claimed in the statement of claim, i.e. in most cases – the monthly advance payment for the costs of managing the common property and the renovation fund, advance payments for the supply of water, sewage and waste disposal to the flat. Importantly, the court cannot consider a claim to be proven solely on the basis of information about the balance of the owner of the premises.

The claim should therefore contain complete evidence allowing the court to establish the facts and award the amount claimed, for example in the form of:

• proof of ownership of the premises in the form of a printout from the Electronic Land and Mortgage Register, to demonstrate that the defendant is the owner of the premises and a member of the housing community,

• all resolutions of the housing community concerning the amount of fees to cover the costs of managing the common property and the renovation fund, which cover the entire period covered by the dispute (deciding on the amount of advance payments, as an activity exceeding ordinary management, requires a resolution of the community),

• minutes of meetings of flat owners documenting resolutions concerning the period of the claimed debt.

In some cases, it may also be necessary to submit a request for the appointment of a court expert in the field of housing community management, who will calculate the actual costs of maintaining the property in the part attributable to the defendant’s flat.

As a precautionary measure, we also recommend submitting evidence in the form of:

• witness statements, in particular from the person responsible for the accounting of the housing community,
• evidence from the hearing of the parties, i.e. the management of the housing community.

Although the regulations do not impose an obligation to summon the debtor to pay in advance, attaching a summons strengthens the validity of the claim and demonstrates an attempt by the housing community to resolve the dispute amicably.

How should the statement of claim for payment of rent be formulated?

A mandatory element of the statement of claim is the specification of the facts on which the housing community, as the claimant, bases its claim. The statement of claim should indicate and describe the relevant facts that form the basis of the claim, describe the origins of the dispute between the housing community and the owner of the premises, and, as a consequence, allow the court to verify them and apply the relevant provisions of substantive law (in particular, the Polish Act on Ownership of Premises). The statement of claim should therefore present the facts of the case in a logical, coherent, convincing and comprehensive manner.

First, the status of the defendant as the owner of a specific flat in a given property should be described in detail, indicating the flat number, share in the common property and membership of the housing community. As indicated above, the very fact of owning a flat gives rise to an obligation to contribute to the costs of managing the common property.

Next, the justification should include a discussion of the obligation to bear management costs, including advance payments to cover the community’s current expenses, such as the costs of maintaining common areas, utilities, the renovation fund, and the administrator’s remuneration. In this regard, the method of determining the amount of advance payments should be indicated, referring to a specific resolution of the housing community, and reference should be made to the payment deadlines and the date on which the debt arose. It is important to specify the amount of arrears, the period to which it relates, and the statutory interest for late payment.

Next, it should be demonstrated that despite the expiry of the payment deadlines, the defendant did not pay the fees due, which led to the creation and accumulation of debt. It is worth emphasising that this obligation is absolute and does not depend on a subjective assessment of the actions of the management board or the extent to which the owner of the premises uses the common property.

Additionally, it is worth pointing out that the housing community attempted to settle the dispute amicably, in particular by sending the defendant a request for payment or other debt collection measures, which, however, did not lead to the settlement of the debt. Emphasising these circumstances demonstrates the good will of the community and the necessity of filing a lawsuit as a last resort.

The justification may also (but does not have to) contain a clear indication of the legal basis for the claim, in particular Articles 13–15 of the Polish Act on Ownership of Premises, which stipulate the obligation of premises owners to bear the costs of managing the common property and to pay advances within the deadlines set by the community. To strengthen the argument, it is also possible to cite established case law of the common courts, according to which failure to pay advance payments constitutes a breach of the statutory obligations of the owner of the premises and justifies the pursuit of the claim in court.

A precise and detailed justification of the claim not only organises the factual and legal material of the case, allowing the court to assess it, but also strengthens the procedural position of the housing community, increasing the likelihood of obtaining a favourable ruling.

A practical example from Polish case law:

“The presentation of factual circumstances justifying the claim should be understood as a situation in which the claimant describes in the statement of claim specific historical events which give rise to a specific claim against the defendant on the claimant’s part. The requirement to cite the facts justifying the claim in the statement of claim is specified in Article 187 § 1(2) of the Code of Civil Procedure. This means that the court may only rule on claims that arise from the facts cited by the claimant. The ruling cannot be based on factual circumstances that the claimant has not included in their allegations (Article 321 § 1 of the Code of Civil Procedure). The court’s obligation to adhere to the limits of the claim covers not only the amount and type of the benefit sought, but also the motivational elements justifying the claim” (judgment of the Regional Court in Łódź, 3rd Civil Division, of 20 August 2020, ref. no. III Ca 2208/19).

Summary

A claim for rent (overdue payments) filed by a housing community is an effective and commonly used instrument for recovering debts from property owners who fail to meet their statutory financial obligations. Its proper preparation is crucial not only for obtaining a payment order or judgment, but also for the efficient conduct of any bailiff enforcement proceedings.

As can be seen from the above discussion, the housing community’s claim should precisely and comprehensively specify the legal basis for the claim (the Polish Act on Ownership of Premises and the community’s resolutions), the competent court, the value of the dispute, the parties to the proceedings and a precisely formulated claim together with interest. It is equally important to correctly indicate and document the amount of the debt, the period of its origin and the due dates of individual receivables.