Real Estate /
What are the legal rights of a majority owner of Polish real estate property? [11]
Sorry - I misunderstood. You should be able to take back control of the building from the minority owner, but from what I know (I'm not a lawyer but am involved in a few administrator/co-owner disputes over property) there are a few factors that determine how you need to go about it, e.g.
- if the property has been divided between the owners (i.e. owner A owns this part, owner B owns that part)
- if there are any other owners and the proportions of ownership (if one owner has the majority and could in theory force anything through a different arrangement applies)
- if a homeowner association has been set up (wspólnota mieszkaniowa) or not
- the terms of the original agreement between whoever originally gave the management to the minority owner and the person from who the majority owner inherited their share.
If the minority owner is carrying out work that exceeds the normal scope of responsibility of an administrator (minor or emergency repairs) without authorization, you don't have to pay for it.
Talk to a lawyer - they will ask you all the right questions and tell you what you need to do. In my case, the process of getting a court-appointed administrator took about 6 months, but she turned out to be useless and it took about 2 years to get another one appointed and he has turned out to be great.