Uchwała składu siedmiu sędziów NSA z dnia 19 października 2015 r., II ops 2/15, dostępna w CBOSA
Resolution of seven judges of the Supreme Administrative Court of 19 October 2015, court file No. II OPS 2/15 available in the Central Database of Administrative Courts’ Judicial Decisions (CBOSA)

Summary/Abstract: By way of a resolution of seven judges, the Supreme Administrative Court has once again explained the issue of the character and scope of jointly-owned real property management by housing cooperatives pursuant to article 27(2) of the Housing Cooperatives Act, in the context of mandatory demonstration of the right or the relationship of obligation from which the cooperatives derive their powers to carry out construction works on jointly-owned real property. The Court has also adjudicated on whether the management formed under article 27(2) of the Housing Cooperatives Act is tantamount in terms of its powers to the management provided for in article 3(11) of Construction Law, and if not, what is the legal character of the relationship between the cooperative and the remaining co-owners of the jointly-owned real property who own separate units but are not members of the cooperative. The Court held that in accordance with Construction Law, actions taken by a cooperative managing jointly-owned real property may not exceed the use and maintenance of jointly-owned real property regardless of whether such actions are described as falling within or exceeding the scope of ordinary management. The crux of the matter, therefore, is what actions regarding construction works qualify as the use and maintenance of jointly-owned real property.

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