Polish Homeowners' Associations (Wspólnota Mieszkaniowa): Your Rights and Duties

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

Bought (or now let out) a flat in a Polish apartment block? You automatically become a member of a wspólnota mieszkaniowa — a homeowners' association (literally "residential community"), set up under the Polish Act on Ownership of Premises (UWL). It's a legal entity that manages the shared parts of the building: the stairwell, the roof, the flooring, the fencing, and so on. This article explains your rights and duties as a member, how resolutions work, what you can do if something goes wrong — and how all of this works in practice if you live abroad in the UK.

What a wspólnota mieszkaniowa is (Article 6 UWL)

A wspólnota mieszkaniowa is a separate legal entity, created automatically the moment a building has more than one owner of individual flats.

It is governed by the Act of 24 June 1994 on Ownership of Premises (Ustawa o własności lokali, "UWL"), in particular:

Your rights as a member

1. The right to vote at meetings

You have the right to attend the association's general meeting (or send a proxy on your behalf). As a general rule, each flat has one vote, regardless of the flat's size.

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2. The right to inspect documents

You can ask to see: - The association's resolutions, - Management reports, - Contracts entered into by the association, - Accounts and invoices, - Repair and maintenance plans.

3. The right to put forward proposals

You can propose that a specific resolution be adopted (for example, repairing the roof or replacing the windows).

4. The right to be informed

The management board should keep you informed about: - Service charge amounts (and any changes to them), - Planned repairs, - Any court proceedings involving the association.

Your duties as a member

1. Paying the service charge

Owners must pay a monthly service charge towards the upkeep of the shared parts of the building. This typically covers: - Cleaning the stairwell, - Lighting the communal areas, - Lift maintenance (if there is one), - Minor repairs, - Property tax (in some cases).

The amount of the charge is set by the management board and approved by the members. If you don't pay, the association can sue you for the arrears plus statutory interest (usually around 8% a year, under Article 481 of the Civil Code).

2. Contributing to the repair fund

On top of the service charge, you must also pay into the repair fund (fundusz remontowy, Article 18a UWL). This money is set aside for major works — the roof, external walls, windows, the heating system.

⚠️ Note: The repair fund is a separate contribution, not included in the service charge. Sometimes it's collected as an extra monthly amount; sometimes as a one-off payment (for example, PLN 10,000 towards a roof repair).

3. Taking care of the property

You may not damage the shared parts of the building or occupy them without permission (for example, leaving belongings in the stairwell).

Management board vs. professional managing agent

There's an important distinction here:

Feature Management board (zarząd) Managing agent (zarządca)
Who are they? Owners elected by the members (unpaid/honorary role) A professional firm hired by the board
What do they do? Set the association's policy Carry out the board's decisions (collect money, organise works)
Who appoints them? The members, by vote The board, under a commercial contract
Liability For the association's decisions For errors in day-to-day management

In small buildings, the board often operates without a managing agent — the owners run things themselves. In larger blocks, a professional managing agency is usually hired (for example, a firm like TBS Management).

Resolutions of the association — how they're passed and how to challenge them

The general meeting of members usually meets once a year (an extraordinary meeting can also be called on request).

How a meeting works:

  1. Notice — the board puts up a notice two weeks in advance,
  2. Agenda — the items to be discussed are listed,
  3. Voting — resolutions are passed by a simple majority (50% + 1 vote) or a qualified majority (two-thirds), depending on the subject,
  4. Minutes — a written record is prepared and signed by the chair and secretary.

Defects in a resolution:

A resolution can be valid or invalid, depending on whether the procedural requirements were met: - Was the meeting called properly? - Was there a quorum (the required number of attendees)? - Was the vote secret, where secrecy was required? - Was the result counted correctly?

How to challenge a resolution (Article 25 UWL):

If you believe a resolution is invalid, you can sue the association in the civil court within six weeks of the resolution being announced. Possible grounds include: - The procedure was defective, - The resolution breaches the law, - The resolution is unfair (arbitrary).

Example: The board passed a resolution to repair the roof for PLN 100,000 without a cost estimate and without a proper vote. You could challenge it on the grounds that the procedure was defective.

Dealing with your wspólnota from the UK

If you own a flat in Poland, pay the service charges, but live in the UK:

  1. Communicate in writing — always insist on documents in writing (email or letter),
  2. Power of attorney — send the managing agent a power of attorney for someone in Poland who can represent you,
  3. Meetings — you can attend remotely (by video call) or send a proxy,
  4. Disputes — if a conflict arises (for example, over a resolution you disagree with), instruct a lawyer to bring a claim against the association in the Polish courts.

Frequently asked questions

Do I pay whether the flat is let out or empty? Yes. It makes no difference whether you let the flat out or leave it empty — as the owner, you pay. The only exceptions are certain historic or special-purpose properties (museums, churches), which may qualify for reductions.

How do I vote in the association if I live in the UK? - Attend remotely, if the board allows video conferencing, - Send a proxy (someone based in Poland), - Vote by post (some associations allow this).

It's best to contact the management board directly — every association has its own procedures.

How do I challenge a resolution? Within six weeks of the resolution being announced, you can sue the association in the district court (sąd rejonowy). The claim should set out the grounds — that the procedure was defective, or that the resolution breaches the law.

Can I leave the association? No — if you own a flat, you are automatically a member. The only way out is to sell the flat (the new owner then takes over membership).

What if the board doesn't respond to my letters? You can: - Raise a complaint with the Polish Ombudsman (Rzecznik Praw Obywatelskich), - Sue the board for failing to meet its obligations, - Report the matter to the prosecutor's office, if you suspect an abuse of position or misappropriation of funds.

Free assessment of your situation

Have a dispute with your wspólnota mieszkaniowa? Not sure whether a resolution is valid? Get in touch with Twoja Sprawa at twojasprawa.com. We'll review your situation free of charge.

Sources

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Legal position last checked: 27 June 2026.

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