Sale of a loft by a housing association – challenging resolutions
The law firm is representing a client in a case against a housing community for the revocation of the community’s resolutions concerning the separation and sale of a unit in the attic of an apartment building and the carrying out of construction works in the common property related to the planned separation of the unit.
The client is demanding the revocation of the community resolutions in question, among other things due to the establishment of a grossly underestimated sale price for the loft unit and the lack of a bidding competition during which a buyer for the unit would be selected.
The challenged resolutions should also be repealed due to their overly general content, making it impossible to determine what they actually lead to, including what construction work is to be carried out in the common property, from what funds their costs are to be covered and who is to carry them out, and due to the overly broad scope of the authorization given in the resolutions to the community’s management.
The law firm obtained injunctive relief on behalf of the client – the court halted the
enforcement of the challenged resolutions of the housing community pending the final outcome of the proceedings. The grounds for the freezing order show that the court shared the allegations contained in the law firm’s lawsuit regarding the challenged resolutions and assumed that the resolutions may violate the principles of proper management of the common property and the interests of the members of the housing community.
The court stressed that the community members had been deprived of any control over the common property as far as the attic was concerned, agreeing to unspecified construction work and settlements with the future buyer of the attic unit.