Abstract

The co-owners of a separate housing unit hold the indivisible voting right. The act of voting constitutes a declaration of will of the owners of a housing unit, which is indivisible. For this reason, when separate ownership is shared by several persons, they have to determine a common position since they are entitled to present a single declaration of will only. A similar solution was adopted by the legislator in the case of co-participation in corporate legal persons – the vote must not be divided, but shall be exercised jointly. The resolution adopted by the Supreme Court balances the interests of a homeowner association as the body of owners of housing units and co-owners of a single unit, taking into account the intentions of the legislator laid down in the Home Ownership Act of 24 June 1994.