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 proceedings challenging homeowners’ association resolutions, including actions for their annulment or for a declaration of invalidity; including claims to set them aside or declare them invalid, as well as preparing applications for interim relief by staying the implementation of the resolution for the duration of the proceedings,
- protecting unit owners’ rights to supervise the management of homeowners’ associations, including exercising the right to inspect association documents, reviewing contracts, financial records and resolutions, and enforcing the management board’s obligation to provide access to documentation;
- representing homeowners’ associations in pursuing claims arising from defects in the common parts of residential developments and in disputes with developers, including drafting and reviewing proposed homeowners’ association resolutions to ensure compliance with applicable law and minimise the risk of successful legal challenges;
- conducting debt recovery proceedings on behalf of homeowners’ associations, including preparing and filing claims for unpaid service charges, representing associations in court proceedings, and enforcing judgments through enforcement proceedings;
- advising and representing clients in matters concerning homeowners’ association consent for the sale of alcoholic beverages in commercial premises, including analysing the legal basis of association resolutions and representing clients in proceedings challenging or disputing such resolutions;
- handling disputes relating to the operation of commercial and retail premises within residential developments governed by homeowners’ associations;
- taking legal action and representing unit owners in matters concerning the dismissal of members of the homeowners’ association management board and changes to the composition of the association’s governing bodies;
- representing unit owners in criminal proceedings concerning the criminal liability of members of homeowners’ association management boards;
- handling proceedings concerning the appointment of a compulsory administrator for a homeowners’ association, including representing unit owners in court proceedings and advising on the statutory grounds for such appointment;
- representing clients in proceedings for the compulsory sale of a unit within a homeowners’ association;
- representing members of homeowners’ association management boards in disputes concerning the protection of personal rights, including cases involving the limits of permissible criticism by unit owners, defamation, damage to reputation, and unlawful accusations arising in connection with the operation of the homeowners’ association.
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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 homeowners’ associations, we provide:
Legal advice and day-to-day support for homeowners’ associations
- providing ongoing legal advice on all aspects of the operation of homeowners’ associations, including the interpretation and application of the Polish Act on Ownership of Premises and other legislation governing homeowners’ associations;
- advising on the establishment and appointment of supervisory boards within homeowners’ associations;
- advising on the determination and verification of service charges applicable to commercial units within homeowners’ associations;
- providing ongoing legal support in relation to the management and administration of common property, including resolutions, voting procedures and decision-making processes;
- assisting management boards, property managers and administrators in the lawful adoption of resolutions and reviewing draft resolutions;
- preparing written legal opinions and providing day-to-day legal consultations;
- conducting legal audits of homeowners’ associations and the activities of their management boards, including reviewing compliance with applicable law, assessing the validity of resolutions, contracts and management decisions, and identifying legal risks and governance deficiencies;
- representing homeowners’ associations in matters concerning statutory obligations of unit owners to provide access to their premises where required under applicable law.
Drafting and reviewing corporate documentation
- preparing and reviewing internal regulations of homeowners’ associations, tailored to applicable legal requirements and the needs of the association;
- drafting and reviewing internal documentation necessary for the proper functioning of homeowners’ associations, including resolutions, minutes and internal procedures;
- preparing, reviewing and negotiating contracts entered into by homeowners’ associations, including agreements with contractors, service providers and suppliers;
- analysing, preparing and negotiating property management and administration agreements.
Legal support for construction, refurbishment and investment projects
- advising homeowners’ associations on the selection of contractors for refurbishment and construction projects, including preparing and reviewing procurement procedures, analysing bids, assisting with resolutions concerning contractor selection, and identifying procedural errors that may result in the invalidity of resolutions or management liability;
- drafting, reviewing and negotiating construction and refurbishment contracts, assessing provisions relating to contractor liability, statutory warranty (rękojmia) and contractual guarantees, as well as advising on acceptance documentation and warranty-related claims.
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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.
