TOMASZ PRZYBECKI
02-03-2010

Housing communities – reclassification of surpluses from the operating fund

On Tuesday, another hearing will be held against one of Poznań’s housing communities for revoking a series of resolutions passed in 2009.

One of the legal issues is the permissibility of a housing community to dispose of surpluses accumulated in the operating fund after the end of the fiscal year. Law firm’s clients (minority owners) demand revocation of resolution on reclassification of surplus for the following year

and expect a refund of overpaid advances. The District Court will decide the issue of whether the minority owners can successfully claim a refund of the overpaid advances or whether the community can legally retain the advances, booking them for future years.