Shared property ownership in Poland, what are your rights?

♂

Feb 28, 10, 05:22 #1

Just looking for a bit of advice regarding shared property ownership, which I believe is called ‘wspolwasnosc’.

Let’s take an imaginary situation where 4 people each own 25% of an apartment. This situation isn’t just verbal, but a written contract stamped by a Notariusz.

What are the legal rights of each owner?? Can a 25% owner sell their share without the permission of the other owners? Can a share holder stop a non share holder staying in the flat? Can a share holder demand rent if someone is living there?

I realise specific circumstances probably alter the answers, but I would be grateful if someone could shed some light on the above with general answers.

Many thanks

♀

Feb 28, 10, 09:32 #2

It all depends. As it happens, I am a part-share owner of a 'kamienica' (house). Each one of us has different percentage of shares, but no matter.
Do you have a flat/flats which form your percentage? In that case, you can sell your flat/s to a third party, but it would be common courtesy to have a 'general meeting' of the other owners and tell them of your intentions. The future owner takes over your shares.
As a part owner you are responsible (proportionately) for the repairs/and bills of all amenities which form the 'common' parts (but you already know that).
Please remember also your tax position - but this has been discussed elsewhere.

inkrakow

Feb 28, 10, 09:56 #3

Krakman:

Can a 25% owner sell their share without the permission of the other owners?

Yes - owners of property (which includes a share in a building or apartment) can sell it freely. if they can find someone to buy it...

Krakman:

Can a share holder stop a non share holder staying in the flat?

If you mean 'visiting' then I guess not. But if you mean signing a contract and renting the apartment to a third party, then no.

Krakman:

Can a share holder demand rent if someone is living there?

Of course - each share holder is entitled to 25% of the rent less their share of any costs.

But check your Notary Act - all this should have been clarified in there.

♂

Feb 28, 10, 12:53 #4

Thanks for taking the time to reply inkrakow and Terri..

terri:

Do you have a flat/flats which form your percentage?

Unfortunately, just 1 small (high value) flat, which is divided amongst 4 people.

inkrakow:

If you mean 'visiting' then I guess not. But if you mean signing a contract and renting the apartment to a third party, then no.

At what stage would it be classed as visiting and just plain taking the biscuit. I suppose a 'visit' could last for years.

inkrakow:

Of course - each share holder is entitled to 25% of the rent less their share of any costs.

If the person living there is a non rent paying visitor (there on the premise of being a shareholders' friend), then can anything be done, if another shareholder disagrees..

inkrakow

Feb 28, 10, 13:37 #5

Krakman:

If the person living there is a non rent paying visitor (there on the premise of being a shareholders' friend), then can anything be done, if another shareholder disagrees..

The key question is whether there's any sort of legal agreement with the person living there? If not, you should be able to take steps to evict them (although the way that Polish law works means that they need to have another address to be evicted to). It sounds like you need proper legal advice (and to sell your share!) as this sounds quite complicated.

terriThreads: 1 Posts: 385 Joined: May 3, 09 ♀	Feb 28, 10, 14:44 #6
I suppose you have a key to the flat. If not, why not? A better idea would be to get 4 or 5 of your young, beer-guzzling, loud-mouthed, music playing friends and have them move in (even when there is someone else in the flat) and stay in the flat for a few days. The other owners of the flat would soon get the message, that the flat is for all- not just one.

♂

Feb 28, 10, 21:31 #7

terri:

I suppose you have a key to the flat. If not, why not?
A better idea would be to get 4 or 5 of your young, beer-guzzling, loud-mouthed, music playing friends and have them move in (even when there is someone else in the flat) and stay in the flat for a few days.
The other owners of the flat would soon get the message, that the flat is for all- not just one.

I was thinking something along the same lines!!...I'm actually only a 3rd party here, as the actual shareholder is my friend. Certainly if it comes to it, would 4 or 5 people be up for a 3 day bender in Krakow all expenses paid, the only requirements being that you act offensive to any human you come into contact with whilst in the flat :) Btw my friend does have a key, although I think the external door has had the locks changed recently.

inkrakow:

The key question is whether there's any sort of legal agreement with the person living there? If not, you should be able to take steps to evict them (although the way that Polish law works means that they need to have another address to be evicted to). It sounds like you need proper legal advice (and to sell your share!) as this sounds quite complicated.

Probably will seek some legal advice, as the visitor definitely doesn't have any legal agreement with the person living there, just on a friendly basis. I actually tried to pick a Notariusza brain over the phone, but they didn't seem too keen to divulge any information without an appointment, which is understandable.

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