Uczestnictwo współwłaścicieli nieruchomości lokalowej w podejmowaniu uchwał dotyczących zarządu nieruchomością wspólną

Abstract

Owners of separated premises, being at the same time co-owners of a common property, participate in the management of a common property in accordance with the principles set by the provisions of Chapter 4 of the Act of 24 June, 1994, on the ownership of premises. The afore-mentioned provisions do not regulate the rules of such participation in the event of co-ownership of separated premises. In this respect interpretive doubts arise whether in passing resolutions on the management of a common property, the co-owners of separated premises have one common vote, or whether they may vote individually. The present article attempts to determine the above question, by referring to the regulations under the act on the ownership of premises, concerning the relation between the separate ownership of premises and the shared co-ownership, and the Civil Code regulations on co-ownership. As a result of the findings, an interpretive conclusion is drawn in accordance with which co-owners of separated premises who participate in passing resolutions on the management of a common property, have one common vote carrying weight equal to their indivisible share in the co-ownership of a common property. The discussion offers a series of arguments for the validity of the present thesis, and presents views on the problem discussed, as expressed in the science of civil law and judicial decisions.