Housing Community for New Owners: Resolutions, Fees, Rights, and Pitfalls (2026)

You bought an apartment – and automatically, whether you want it or not, you became a member of the housing community: a micro-company in which you have shares, voting rights, an obligation to pay advances, and a real influence on whether the building will be well-maintained and the fees reasonable. Most new owners discover these rules only during their first dispute over a fee increase, roof renovation, or a noisy neighbor. This guide explains from scratch: how the community works, who really makes decisions, how to vote (even from abroad), what you pay in "rent," what to do with a resolution you disagree with – and how to check before purchasing whether you are not buying an apartment in a debt-ridden, conflicted building.

Last verification: July 21, 2026. Informational material – not legal advice. Community disputes can be multi-faceted; consult a lawyer for specific issues.

In Brief

What is a Community and What is "Common"

• The community is formed by all owners of premises in the building by law (Article 6 of the Act on Ownership of Premises, consolidated text Journal of Laws 2026, item 232). It can sue and be sued, enter into contracts, and own property.
• Common property includes the land and everything that does not serve exclusively one premises: staircases, roof, facade, foundations, installation risers, usually also the structure of balconies (the interior of the balcony – yours; the slab and facade – common, according to Supreme Court jurisprudence).
• Your share = the area of your premises (including ancillary rooms, e.g., a storage room) divided by the total area of all premises (Article 3). The share determines the voting power and the amount of fees.
• Small community (up to 3 premises total – including undeveloped premises of the developer) operates under co-ownership principles from the Civil Code; large (4 or more) is required to elect a management board and operates through resolutions (Articles 19–20; the threshold was lowered from 7 to 3 premises as of January 1, 2020).

Who Governs: Management Board, Administrator, and You

• Management Board of the community (elected by resolution) – its member can be only a natural person (Article 20, paragraph 1), usually the owners themselves. It manages current affairs (ordinary management activities) independently; for anything beyond that, it needs a resolution of the owners (Article 22).
• Manager/administrator – a company hired for service (accounting, inspections, cleaning). Manager licenses were abolished in 2014; a professional manager must be an entrepreneur with mandatory liability insurance (Article 186, paragraph 3 of the Act on Real Estate Management – a copy of the policy is an attachment to the contract, and its absence after a call allows for immediate termination of the contract), and the management contract requires a written or electronic form under penalty of nullity (Article 185, paragraph 2).
• Developer's "starter package": in the first notarial acts, the developer often imposes the management method and their manager (Article 18, paragraph 1). This can be changed – by a resolution recorded by a notary (Article 18, paragraph 2a). This is the standard first step for an "awakened" community.
• What the management cannot do without a resolution (Article 22, paragraph 3, for example): set the management's remuneration, adopt an economic plan, change the amount of fees, change the designation of common parts, agree to an extension/reconstruction, purchase property.

Resolutions and Voting – How Decisions Are Actually Made

• Majority counted by shares, not "per apartment" (Article 23). Three modes: at a meeting, individual voting collection by the management (by circulation, also in writing) and a mixed mode. Each owner must be notified in writing of a resolution made with individually collected votes.
• 1 owner = 1 vote: this can be stipulated in the agreement or resolution, and must be introduced at the request of owners holding at least 1/5 of the shares – when the total shares do not equal 1 or the majority of shares belong to one owner (Article 23, paragraphs 2–2a). This is a safeguard against the "developer's dictatorship" holding the majority of premises.
• Annual meeting – mandatory by the end of the first quarter (Article 30): management report, discharge, economic plan, and fees for the next year. Notification of the meeting – in writing, at least a week in advance (Article 32). If the management does not convene on time – any owner can call the annual meeting (Article 30, paragraph 1a), and a "meeting in need" can also be convened at the request of owners holding at least 1/10 of the shares (Article 31).
• Challenging a resolution (Article 25): to the court against the community within 6 weeks (from the meeting or from notification of the circulation resolution), if the resolution is contrary to the law or the agreement, violates the principles of proper management of common property, or your interests. Filing a lawsuit does not suspend execution – you can request security.
• Court-appointed manager (Article 26): when the management does not act or violates the rules – any owner can request the appointment of a manager by the court. A last resort, but effective in "dead" communities.

What You Pay For: Advances, Repair Fund, Utilities

• Advances are advances – after a year they are subject to settlement; you have the right to request a correction in case of overpayment.
• Control: Article 29 gives every owner the right to control the management's activities – access to invoices, contracts, cost records. Refusal of access is a red flag (and grounds for actions under Articles 25–26).
• Debtors in the community: the costs of non-payers do not disappear – they are distributed among the rest. The community can sue for arrears, and in cases of prolonged arrears, gross violation of order, or nuisances – demand the auction of the premises (Article 16). Without the right to a substitute premises.

Buying an Apartment? Check the Community BEFORE the Deed

1. Certificate of No Arrears

   Ask the seller for a certificate from the manager confirming no arrears to the community. Debts of the seller generally do not transfer to you (it is their personal debt), but arrears can signal problems – and disputes can "stick" to the premises.

2. Resolutions and Protocols from 2–3 Years

   You will see what is happening: planned renovations (= future costs!), increases, conflicts, community loans for thermal modernization (repaid from your future advances).

3. State of the Repair Fund and Renovation Plans

   Empty fund + roof to be replaced = increase or one-time payment right after your purchase.

4. Financial Report and Collectability

   How many debtors, what balances, does the community have liabilities (loans, lost disputes)?

5. Technical Inspections of the Building

   Annual and five-year inspections under Article 62 of the Construction Law – their absence poses technical and legal risks to the entire community.

Community vs. Cooperative – Do Not Confuse Regimes

• Do you have cooperative ownership rights or a separated premises in a cooperative building? There is no community there – the common property is managed by the cooperative as a delegated manager (Article 27 of the Act on Housing Cooperatives, fresh consolidated text Journal of Laws 2026, item 889), and you act through the cooperative's bodies (general meeting), not through owners' resolutions.
• Holders of cooperative rights are members of the cooperative by law; owners of separated premises – upon request (they have a claim for admission).
• "Escape" to the community regime is possible: the majority of owners of separated premises (counted by shares) can resolve to apply the Act on Ownership of Premises (Article 24¹ of the Housing Cooperative Act), and after the last premises is separated, the community regime enters by law (Article 26 – with the possibility of returning by resolution of the majority within 3 months).
• The repair fund in the cooperative is statutory (Article 6, paragraph 3 of the Housing Cooperative Act) – a different mechanism than in the community.

Community Member from Afar – For the Polish Diaspora

• Proxy for Voting: you can vote through a proxy; for "structural" resolutions (e.g., changing the management method under Article 18), jurisprudence requires a specific proxy – indicating the type of resolutions, not general. Give a trusted person a written proxy listing the matters.
• Vote in Writing: in the individual voting collection mode, you can cast your vote by mail/document – ensure that the management has your current address (also email) for notifications.
• Advances: set up a standing order in a Polish bank; arrears grow with interest and spoil relationships faster than you think.
• Deadlines run independently of time zones: 6 weeks to challenge a resolution counts from the meeting/notification – therefore, an address for delivery and a local proxy are not a luxury but a necessity.
• Are you renting this apartment? Check our guide on renting – obligations to the community remain with you, not with the tenant.

Common Mistakes of New Owners

• Ignoring meetings and circulation resolutions – decisions will be made without you and will bind you.
• Missing the 6 weeks to challenge a resolution – afterward, only execution remains.
• Confusing advance with a fixed price – after settling the year, there may be an additional payment or refund.
• Purchasing without checking resolutions and the fund – a "cheap" apartment in a building before a major renovation is not cheap at all.
• Self-initiated "modernization" of common areas (grate, air conditioner on the facade, corridor enclosure) without a resolution – the community can order restoration to the previous state at your expense.
• Believing that "administration" can do everything – the manager executes resolutions; it is the owners who are the "parliament" of the community.
• Outdated address for delivery when going abroad – deadlines still run.

Frequently Asked Questions

Can I not join the community or withdraw from it?

No – membership arises from ownership of the premises by law (Article 6). The only "exit" is selling the apartment.

The community has passed a fee increase, which I believe is excessive. What can I do?

Request a calculation (right to control under Article 29), and if the resolution violates the principles of proper management or your interests – challenge it in court within 6 weeks (Article 25). Until the verdict, the resolution is binding unless the court suspends it.

The previous owner left a debt to the community. Do I have to pay it?

Generally, no – overdue advances are the personal debt of the seller; the Act on Ownership of Premises does not contain a provision transferring it to the buyer. Exception: if the community has managed to register a forced mortgage on the premises, it burdens the premises regardless of the change of owner (Articles 65 and 109 of the Act on Land and Mortgage Registers) – therefore, read section IV of the land and mortgage register before purchase and obtain a certificate of no arrears from the manager (this is practice, not a statutory obligation – but a market standard).

Can the community prohibit me from short-term renting or having a dog?

The community decides on common areas and household order – it cannot take away your ownership rights to the premises by resolution (e.g., generally prohibit renting or pets). However, it can regulate the use of common areas and respond to nuisances (noise, vandalism) – up to Article 16 in extreme cases. The boundaries are defined by jurisprudence – resolutions excessively interfering with the premises are challengeable.

The balcony needs renovation. Who pays – me or the community?

Usually: structural and facade elements of the balcony are common property (paid by the community), the interior/floor serving only you – you (Supreme Court resolution III CZP 10/08). In practice, the community's resolution/statute decides – check before you pay out of your own pocket.

I live in the USA. How do I vote at the community meeting?

Through a proxy (written proxy; for structural resolutions – specific) or by voting in the individual voting collection mode. Notify the management of your current address for delivery and email – your deadlines run from notifications.

The management does not convene meetings and does not show documents. What to do?

First: a written request for access (Article 29) and to convene a meeting; you can convene the annual meeting yourself in case of inaction (Article 30, paragraph 1a), and with 1/10 of the shares – anyone can. Further steps: denial of discharge and replacement of the management by resolution, and in dead communities – a request to the court for a court-appointed manager (Article 26).

Fact-Check Summary

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