STATUTORY MODEL OF THE HOUSING ASSOCIATION - BASIC CONCEPTS AND NORMATIVE CONSTRUCTIONS (Ustawowy model spóldzielczosci mieszkaniowej (podstawowe koncepcje i konstrukcje normatywne))
The authoresss conducts a critical analysis of the Polish normative solutions (law of 15th December 2000 on housing associations/cooperatives) referring to the meeting of housing needs in cooperative living quarters. After discussing the legal status of the housing association against the background of the EU solutions (Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE)) and in the light of the legal regulations of the Polish Constitution concerning associations, the authoress concentrates on presenting specific normative features of a housing cooperative in comparison with other types of cooperatives working in Poland, pointing out in particular the statutory narrowing of the scope of the housing associations' autonomy and self-government as well as the depreciation of the housing association's membership status. She discusses at length the consequences of the statutory decision breaking the ties between the rights to cooperative quarters and the membership of a housing association, including the field of the administration of the cooperative real estate and within the scope of relations between the housing association and its members and other tenants of cooperative living quarters. Moreover, she has carried out a detailed analysis of the statutory regulation of the goal, the subject and the forms of the housing associations functioning, pointing out yet again the lack of cohesion of the cooperative's juridical face and the lack of the legislator's rationality in his approach to the functions of the housing associations. The article also presents a detailed characteristic of the subjective rights to cooperative living quarters, underlining in particular their property rights aspect. The stress is put on the two particular (original in the Polish legal order) housing laws in the shape of the cooperative tenant's quarter right (similar to the property lease) and the cooperative privately owned quarters law (similar to the property law), created by the legislator in the Sixties of the past century, that is during the Communist rule in Poland. The analysis of the present normative shape of the two laws mentioned (the tenant law and the private ownership law in a housing cooperative) brought the authoress to the conclusion that presently one observes a legislative tendency whose aim it is to abolish those particular subjective housing laws by means of diverse, usually not very successful, normative efforts and by replacing them with the housing quarters property law.
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