by Patrick Nightingale 30/03/2016, 7:42; Update: 03/30/2016, 8:24
for many years, the rules allow for the taking in account of the cooperative people nohow not related to a particular cooperative source: ShutterStock
supposed to be better for the members of the cooperative. However, promise to be new, unnecessary restrictions. And that’s because the Senate had misinterpreted the judgment of the Constitutional Court
The Senate has prepared a draft legislation, according to which prohibited even be sharing premises family . Many people may be deleted from the lists of the cooperative, and then lose the roof over your head
In February last year the Constitutional Court (Judgment of February 5, ref. K 60/13), stated that authorities cooperatives are wrongly allowed to accept too many people in as members. The result may in fact manipulate election results conducted among the members of the cooperative. This judgment TK decided to just do the senators. Except that in the zeal to improve the law very zagalopowali.
“It is proposed to limit the right to acquire membership in a housing cooperative only to people who have the interest in satisfying their housing needs (… ) “- says the justification of the draft amendment to the Act on housing cooperatives. What does this mean in practice? – Member of the cooperative, if he wants him to stay, he could rent his apartment. Or share it with family, if at the same time he would lived in it – suggests Dr. Borys Budka, a former minister of justice, legal counsel specializing in the law of the cooperative.
Changing particularly affecting those who they have condominiums right to the premises. If the deletion of the list of the cooperative may even be obliged to hand over the apartment. On the other hand, having the ownership right to the premises will only be – and up – limited in their rights. Housing one they do not pick up, but will decrease as their impact, for example. Whether and what repairs will be carried out in the block. Will also be deprived of the right to control the actions of the authorities of the cooperative.
– This is a very dangerous change, which is a step into the past. It is a return to the principle that a citizen would at most one apartment – says Borys Budka.
Senator Lidia Staron, responsible for the draft amendment ensures that this is only preliminary work on the Act . – We will look at it carefully and all the doubts we decide as indicated by the tribunal – provides
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