Monitor Prawniczy

no. 8/2014

Reflections on the conditions for additional payments to the initial building contribution

Beata Janiszewska
Autorka jest adiunktem w Instytucie Prawa Cywilnego WPiA Uniwersytetu Warszawskiego.
Abstract

The article has been dedicated to the issues raised by the Supreme Court in its judgement of 8 November 2012, I CSK 199/12, concerning the obligation of a housing cooperative member to make additional payments to the initial building contribution. In its judgement, the Supreme Court recognized “the clause of the agreement binding a housing cooperative and its member according to which before the final calculation of the construction costs the cooperative may request the member to supplement the initially set and paid value of the building contribution” to be absolutely invalid. The study tackles the issue of the essentials of the Supreme Court position and the consequences it may raise in the shaping of relations between housing cooperatives and their members.