Companies & corporate law

Changes in the rules for adopting resolutions of the housing community board

The Act of October 28, 2020 on the amendment of certain acts supporting the development of housing adopted by the Sejm provides, inter alia, the repeal of paragraph 4 and 5 in art. 21 of the Act on the ownership of premises. Until now, these provisions were in force under the so-called Anticovid shield 1.0, i.e. under the Act of March 31, 2020 amending the Act on special solutions related to the prevention, prevention and combating of COVID-19, other infectious diseases and the crisis situations caused by them and some other acts (Journal of Laws of 2020, r. item 568 as amended).

They provided for, among others :

  • the requirement to properly notify all members of the management board of a management board meeting, voting in writing or remotely,
  • the possibility of adopting a resolution by votes partially cast at the meeting, partially in writing or by using means of direct remote communication,
  • calculation of the quorum, taking into account the board members participating by voting in writing or by means of direct remote communication.

The repeal of the statutory requirement to notify all members of the management board about the planned adoption of a resolution is intended to simplify the process of adopting resolutions in the management boards of housing communities.

However, it seems that despite the repeal of the aforementioned provisions, it will still be possible to adopt resolutions remotely. The act on ownership of premises, unlike the provisions of the Code of Commercial Companies, does not contain detailed regulations regarding the organization of the management board. Therefore, neither the current nor the new legal status limits the board of the community as to the form and place of adopting resolutions. On the other hand, the relevant regulations in this regard may result from the internal regulations of a given community.

Author team leader DKP Legal Marcin Kręglewski
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