{"id":2554,"date":"2021-11-09T15:21:26","date_gmt":"2021-11-09T15:21:26","guid":{"rendered":"https:\/\/alsebai-formgren.holdings\/?page_id=2554"},"modified":"2022-06-22T05:53:42","modified_gmt":"2022-06-22T05:53:42","slug":"bostadsrattsjuridik","status":"publish","type":"page","link":"https:\/\/alsebai-formgren.holdings\/en\/bostadsrattsjuridik\/","title":{"rendered":"Co-operative housing law"},"content":{"rendered":"
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Co-operative housing law<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Do you live in a condominium, or are you thinking about buying or selling a condominium? It is not always easy to understand what applies or who is responsible for an error that has occurred. The purchase of condominiums means the purchase of movable property, which is regulated in the Purchase law, unlike ordinary house purchases (property purchases), which are regulated in the Land Code. This means that the comprehensive law that exists around the purchase of real estate, ordinary house purchases, is not directly applicable to the purchase of condominium apartments.<\/p>\n\n\n

We can help you understand the law or to draw up and interpret agreement\/contract, represent you in the event of a potential dispute about fault liability with the seller \/ buyer, or in the event of a conflict with the co-operative housing association.<\/p>\n\n\n

Co-operative housing
\nA condominium is different from owning a property or renting a home. It is not enough just to buy the condominium to become its owner, you must also be granted membership in the condominium association. This is because you, as the owner of a condominium, hold a certain share of an economic association; that is, the condominium association. The association is a legal entity that owns the property and through your share in the association you have the right to use an apartment. You therefore do not own the walls, the floor or any other part of the property, but you have the right to use it in return for paying a fee to the condominium association for management. The housing rights association is represented by a board that is appointed by election at the association's general meeting. The general meeting makes the basic decisions in the condominium association. The board's mission is to manage the day-to-day management in accordance with the co-operative housing law, the decision of the general meeting, and what is stated in the association's statutes.\n<\/p>\n\n\n

Fault in a Co-operative housing\n
\nOften it is about who is responsible for the fault \u2013 the buyer, the seller or the condominium association\nThe seller is responsible for fault in a sold condominium for two years after the buyer takes possession. The starting point is that the apartment was purchased in the condition it actually is at the time of signing the transfer agreement.
\nIf the buyer and seller cannot agree, they can find guidance in the Purchase law in the fault rules. At first, it must be determined whether the defect could have been discovered before the purchase. If it has been possible to discover or predict the defect. Secondly, it is required that the fault is so big that it can be assumed that it would have affected the market value of the condominium if it had been known before the purchase. If both conditions are met, the buyer is entitled to compensation from the seller.
\nVermin, fire or water pipe damage are the responsibility of the condominium association, as long as it cannot have been caused by the homeowner's own carelessness and negligence.
\nIn the event of water damage to surface layers such as floors, walls, ceilings or in kitchen fittings or bathroom fittings, it is the tenant who must request that his insurance company pay for the repairs. If the tenant is considered to have caused the water damage, in the worst case, he may be liable for damages both to the association and the neighbours. If it is a neighbor who is at fault, the tenant can demand compensation for his deductible from the neighbor or tenant association.
\nWhen a housing rights dispute arises, the parties can turn to the housing rights tribunal or the rent tribunal, which makes an impartial assessment and helps with mediation.
\nIn condominium disputes, the parties often have a certain legal protection through their home insurance or association insurance. The extent of the legal protection is determined by the insurance company and may vary between different companies. Usually, the home insurance's legal protection covers attorney's fees that exceed half the price base amount, provided that the dispute is tried in a general court. In 2021, the minimum amount is 23,800 SEK.
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Newly produced co-operative housings
\nWhen building new condominiums, there is sometimes confusion about who is responsible for what. Is it the construction company, the housing association or you as the buyer? In addition, three different forms of agreement are often used during a new production project; booking agreement, advance agreement and lease agreement. It is important that the agreements are correctly formulated and are created under the right conditions to avoid the risk of being invalid. \n<\/p>\n\n\n

The rights and obligations
\nThe owner of a condominium has both rights and obligations towards the condominium association. The most important obligation is to pay the fee, but also to follow the statutes and rules of procedure that exist for the association. If you mismanage, it can lead to that you loose your share in the association and being forced to sell the condominium and move.\n<\/p>\n\n\n

One right you have as a condominium owner is that the condominium association must be responsible for ensuring that the day-to-day operations are managed so that your accommodation is safe and that your financial contribution is protected. For example, the association has neglected its repair obligation, you may be entitled to a reduced annual fee. You have the right to participate in and make decisions at the general meeting. <\/p>\n\n\n

Transfer of co-operative housing and membership
\nTransferring a condominium means that one sells, buys, gives away or through division of property transfers, one's condominium. There are many rules that you as a transferor or recipient must be aware of. There may be questions about the content and terms of purchase contracts or deed of gift or what conditions apply to becoming a member of the association. Transfer through property division has other rules to consider.
\nThe buyer or recipient must become a member of the condominium association for the transfer to be valid. There are exceptions to the requirement for membership, but normally an application must be made to the board, which tests the applicant's conditions to be granted membership. If you were to be denied membership and believe that the association did not make a correct assessment in accordance with the Co.operative housing law or the statutes, you usually have the opportunity to appeal that decision.\n<\/p>\n\n\n

The cancellation of the purchase of an co-operative housing
\nIt is possible to cancel a purchase of a co-operative housing.. But it has to be a right to rescind, there must be, for example, fault or delays that are of significant importance to the buyer.\n<\/p>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

Bostadsr\u00e4ttsjuridik Bor du i bostadsr\u00e4tt, eller funderar p\u00e5 att k\u00f6pa eller s\u00e4lja en bostadsr\u00e4tt. Det \u00e4r inte alltid l\u00e4tt att tolka vad som g\u00e4ller eller vem som ansvarar f\u00f6r ett fel som uppst\u00e5tt. K\u00f6p av bostadsr\u00e4tter inneb\u00e4r k\u00f6p av l\u00f6s egendom vilket regleras i k\u00f6plagen, till skillnad fr\u00e5n vanliga husk\u00f6p (fastighetsk\u00f6p), som regleras i jordabalken. …<\/p>\n

Co-operative housing law<\/span> Read More »<\/a><\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2554","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/alsebai-formgren.holdings\/en\/wp-json\/wp\/v2\/pages\/2554","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/alsebai-formgren.holdings\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/alsebai-formgren.holdings\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/alsebai-formgren.holdings\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/alsebai-formgren.holdings\/en\/wp-json\/wp\/v2\/comments?post=2554"}],"version-history":[{"count":12,"href":"https:\/\/alsebai-formgren.holdings\/en\/wp-json\/wp\/v2\/pages\/2554\/revisions"}],"predecessor-version":[{"id":3979,"href":"https:\/\/alsebai-formgren.holdings\/en\/wp-json\/wp\/v2\/pages\/2554\/revisions\/3979"}],"wp:attachment":[{"href":"https:\/\/alsebai-formgren.holdings\/en\/wp-json\/wp\/v2\/media?parent=2554"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}