TOMASZ PRZYBECKI
17-02-2010

Buyout of cooperative housing – first hearing

The law firm is handling a case against one of Poznań’s housing cooperatives for an obligation to establish separate ownership of premises.

Our client, who has a cooperative ownership right to the premises, meets all the statutory conditions for establishing separate ownership of the premises in her favor. However, the housing cooperative conditioned the agreement on the client’s waiver of claims against the cooperative for final settlement of construction costs. In the opinion of the law firm’s lawyers, the introduction of additional conditions in the contract for the establishment of separate ownership of premises is unacceptable. For this reason, a lawsuit was filed with the District Court of Poznań, which set the first hearing for February 17, 2010.

[UPDATE] The case ended with a favorable settlement reached on July 1, 2010, which ended the lawsuit to order the cooperative to submit a declaration of intent to establish separate ownership of the premises and the lawsuit to refund the overpayment of the final settlement of construction costs. The cooperative voluntarily established separate ownership of the premises and paid a satisfactory amount.