Abstract

In its judgment of 27 March 2013 (V ACa 110/13) the Appellate Court in Gdańsk found that the law did not specify the requirements for voting by correspondence in tenants’ associations; therefore, online voting is permissible. That judgment is an example of a flexible interpretation of the law, modern approach to the issue of voting in tenants’ associations and taking into account the contemporary realities. It is a continuation of the case law line presented by the Supreme Court and appellate courts with respect to tenants’ associations in accordance to which interpretation of the law relating to the functioning of tenants’ associations must not be excessively formalized and must not lead to restricting homeowners in the exercise of their rights.