Curator for the cooperative. The reviewing association will step in after 45 days

The government has found a way to deal with cooperatives, which are leading to anarchy. When, due to internal disputes, low turnout or contesting resolutions, it is not possible to elect a new management board, the audit association in which the cooperative is associated will step in, followed by the curator.

The draft amendment to the Act on Housing Cooperatives assumes that if a new management board is not elected within 45 days of the end of the term of office of the previous management board, the court will appoint a curator who will sign contracts on behalf of the cooperative, supervise the implementation of investments and settle utilities. All this so that residents do not feel the consequences of lack of decision-making.

Cooperatives against curators. Attack on self-government

There is no surprise – the new solution is not yet in force, and it is already causing huge controversy and opposition from experts. The main objection is the randomness of the curator and an attack on the self-governing nature of the cooperative. The cooperative members do not mince their words.

Ryszard Tkacz, president of the National Association for Counteracting Social Pathologies “Razem”, believes that the idea of ​​the Ministry of Development is intended to completely exclude cooperative members from the possibility of managing the cooperative. – Everything that is happening around the Act on Housing Cooperatives is just a powdering of the cooperative law – he emphasizes.

If the members of the cooperative do not come to vote at the general meeting convened by the curator, the management board will not be elected anyway.

The supervisory board delegates to the management board. A probation officer is unnecessary

Members of many management boards believe that instead of healing the situation, the curator may cause competence disputes, delays in financial decisions, paralysis and massively destabilize real estate management throughout the country. It is about the sense of security of approximately 10 million Poles.

– I don’t see the need to appoint a curator. If the management board is not elected at the general meeting, a second extraordinary general meeting should be convened, during which the election will be made, and the management board should perform the function until the election of the new management board – explains Stanisław Swat, president of the management board of the “Energoprem” Housing Cooperative on the Local Government Portal.

Reminds that there is already a safeguard in the regulations – if the management board cannot perform its function, delegated members of the supervisory board take over the management function. The election of members of supervisory boards – according to cooperative members – should change and take place on principles similar to those for local government elections. Now they want to convince the president to adopt this solution.