Monitor Prawniczy

no. 11/2014

Filing a claim for payment – an act in ordinary management of a housing association

Mateusz Grochowski
Autor jest doktorantem w Instytucie Nauk Prawnych Polskiej Akademii Nauk, asystentem sędziego w Izbie Cywilnej Sądu Najwyższego.
Abstract

The text addresses the qualification of bringing an action by a housing association against one of its members for payment of the common space management costs. According to the Supreme Court resolution of 18 October 2013, III CZP 42/13, that act fits in „ordinary management” performed by the housing association and thus does not require a separate consent of individual owners. The opposite solution is not justified, in particular, by the specifics of such claim – it is filed by the association against its member (i.e. a person that statutorily forms it) and constitutes a significant invasion into their socio-economic and legal domain.