Posts by mshore

mshore

27 Jan 2014

Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

This is for a property lawyer in Poland. I assume the law applies to all cities. Here is the scenario: Rental property is now owned by two individuals. When minority owner bought his share, city administration which managed the property for many years, assigned the management to minority owner. Majority owner took possession of his share via a legal inheritance process, after minority owner assumed control of property.

Minority owner is managing the property without full disclosure, and performing work on property without permission from majority owner. Can majority owner apply to the Court to take over management of property?

Thanks,

mshore

31 Jan 2014

Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

Here is what a relatively new Polish Lawyer with property law background told me:

Polish law allows only two ways to handle this:

1. apply to court to take over property. Court will appoint manager which will report to the court and not to the owners. Owners may submit candidates, but the court is not obliged to chose them.

2. Divide the property.

In other words, there is no mechanism in polish law for majority owner to assume control via a court decision.

Thank you.

mshore

1 Feb 2014

Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

To legate and inkrakow:
Just to summarize this thread: Currently Minority owner is managing the property abusively (as explained in first message). Majority owner desires to take over management.

Two-stage approach suggested: Apply to court to assume control of building. After this is accomplished, majority owner applies to court to take over management of property. Is this a fair summary?

Questions:
1. What are the risks
2 How long does it typically take for court to rule on application to assume management of property, and how long to decide on application of majority owner to take over control of property?

Thank you.

mshore

5 Feb 2014

Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

Another Option is to divide the property. If this was done via court proceedings, how long will it normally take?

mshore

9 Feb 2014

Real Estate / What are the legal rights of a majority owner of Polish real estate property? [11]

Thank you for taking the time to reply.

On a related topic: A non-Polish citizen inherits part of a commercial property in Poland and is registered in the Land and Mortgage registry as part owner. If such person were to sell his share to other owners of property after holding the property for less than 5 years, would such non-Polish person have to pay 10% inheritance tax and 19% income tax?

Thank you.