Rights in housing cooperatives and condominiums - what can the board decide?

Living in a housing association or condominium means sharing responsibilities, rights and obligations with other residents. To ensure efficient and fair management, both housing associations and condominiums have a board of directors. But how much power does the board actually have, and what can it decide without involving the residents?

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What is the role of the board?

The board is elected by the general meeting (in housing cooperatives) or the annual meeting (in condominiums), and is responsible for the daily operation of the property. This includes everything from maintenance and finances to following up on any rule violations. The board is supposed to act in the community's interest, but how far does their mandate actually extend?

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The board can make decisions about daily operations

The board has the authority to make decisions regarding the ongoing operation of the property. This includes, for example:

• Snow removal and maintenance of common areas
• Purchasing services (caretaker, cleaning, etc.)
• Small repairs and upgrades
• Follow-up of house rules

Such decisions do not normally require approval from the general meeting or annual meeting, as long as the measures remain within what is considered "normal management".

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When must the board obtain consent?

When it comes to major interventions, financial commitments, or changes that affect residents' rights, the board must have approval from the community. Examples of such matters may include:

• Major maintenance projects (such as replacing windows or roofs)
• Changes in use of common areas
• Borrowing that imposes increased communal costs on residents
• Introduction of new rules restricting the use of one's own home

Such matters must be dealt with at the general meeting or annual meeting, and a majority decision is usually required, in some cases a qualified majority or unanimity.

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House rules

The board can enforce house rules, but it is important that such rules are reasonable, legal, and rooted in the community. It is common to have rules for:

• Noise and quiet during certain periods
• Use of common areas
• No grilling or smoking on the balcony
• Animal husbandry

House rules should not go beyond what is necessary to ensure a good living environment. If the board wishes to tighten the regulations, it should be discussed at the annual meeting and adopted there.

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Disagreement with the board – what can you do?

If you feel that the board has exceeded its authority, or made a decision that you believe is invalid, you have several options:

1. Request written justification for the decision
2. Request that the matter be discussed at the next meeting (annual meeting or general meeting)
3. Require an extraordinary meeting , if you have the support of a sufficient number of residents
4. Seek legal advice if the decision has major consequences.

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At Insa lawyers, we assist both board members and residents in matters of housing rights and neighbor conflicts.

Please contact us for a free assessment of your case.

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