Real Estate Management Development and Selection Contract
It turns out that development contracts contain provisions that give the developer the right to decide on the method of property management.
– It is the consumer, as owner and member of the housing community, who has the right to determine how the property will be managed. property management common. Therefore, if the contract contains provisions that limit this right, these should be considered abusive because they violate the rights of the owners provided for by Law.of June 24, 1994 on the ownership of real estate to decide independently on the form of management of common property – notes Paulina Szeremeta, legal consultant at the law firm K&L Legal Granat i Wspólnicy, in an interview with Gazeta Prawna.
Blocking the possibility of choosing the property’s board of directors
The list of unfair terms maintained by the President of the Office for Competition and Consumer Protection (UOKiK) also includes provisions that block the possibility of choice real estate management.
– The following provision was registered under number 1480: “The Purchaser agrees that the management of the common property, including the building, shall be entrusted until December 31, 2012 to TBS Południe Spółka z oo with its registered office in Kraków or to another legal entity or natural person indicated by “Activ Investment” – says lawyer Szeremeta.
What is a development agreement?
The development contract is one of the most frequently concluded contracts. Its definition is set out in the Law of 20 May 2021 on the protection of the rights of the purchaser of a residential property or house and of the developer’s guarantee fund. According to art. 5, point 6 of the previous law, it constitutes “an agreement concluded between the buyer and the developer, under which the developer undertakes to construct a building and establish separate ownership of the residential premises and to transfer the ownership of such premises and the necessary rights to use this property to the buyer or to develop the land constituting the object of ownership or perpetual usufruct of single-family housing and to transfer to the buyer the ownership of such property or perpetual usufruct of land and the ownership of single-family housing built on it constituting an independent property or transfer of a fractional share of the ownership of this property together with the right to exclusive use of the part of the property intended for the satisfaction of housing needs, with the buyer undertaking to make a monetary payment for the acquisition of the property. that right.
