The new rules in cooperatives are already in force. Thousands of residents may be very surprised

New regulations regarding housing cooperatives have been in force since January 28. The amendment to the Act changed the functioning of not only the cooperatives themselves, but also the entities related to their activities. The new regulations cover the bodies of cooperatives, entrepreneurs who have premises there, real estate managers, law firms and companies handling meetings and votes.

The changes are primarily organizational in nature. In practice, this means the need to adapt power of attorney templates, regulations of general meetings and participant verification procedures. Today, even formal omissions may become grounds for questioning resolutions, which is why the correctness of documents has become even more important.

Changes in housing cooperatives. New rules for powers of attorney

One of the most important changes concerns powers of attorney granted by members who are natural persons. According to the new regulations, only a close person, excluding persons actually living together, as well as a lawyer, legal advisor or other member of the same cooperative can be a proxy. This means that company employees and permanent collaborators outside the statutory catalog cannot vote on the basis of such authorization.

Powers of attorney that do not meet the new requirements lose their effectiveness without the need to formally revoke them. If a close person is to become the proxy, an additional statement confirming this status is necessary. The document is submitted under pain of criminal liability, and any false declaration may result in a fine.

Changes in housing cooperatives. What matters is the deadline and your personal voice

The new regulations also introduce strict deadlines. The power of attorney must be delivered to the cooperative no later than three days before the general meeting or its first part. This means the need to prepare documents in advance, especially when a given entity manages a larger number of premises.

The amendment also provides for a ban on voting by proxy in matters of election and dismissal of members of the management board and supervisory board. In such situations, you can only vote in person. Additionally, cooperatives have been excluded from solutions allowing for remote meetings and voting in the Covid mode, which ends the practice of circulation voting instead of stationary general meetings.

Changes in housing cooperatives. New procedures and greater formalism

The changes also included procedures for separating premises. If the cooperative remains inactive, it is possible to take the matter to court, including filing a lawsuit to oblige the cooperative to submit a declaration of will. The rules for pursuing claims regarding the transfer of ownership of land adjacent to the building were also clarified.

In such matters, it is necessary to correctly identify the owners and the management board acting on their behalf. The new regulations also expanded the catalog of entities that can act as a social rental agency. This function can now also be performed by a housing cooperative on the basis of an agreement concluded with the commune. All changes mean for cooperatives the need to thoroughly review the procedures, documents and rules for organizing general meetings. The greater the formalism, the more important it is to properly prepare each activity.