Projekt stanowiska przed TK dot. sprawy o sygn. akt SK 102/22

The article presents the Sejm’s position on assessing the compatibility of Article 1 para. 9 of the Act of 15th December 2000 on Housing Cooperatives – providing for the exclusion of the application of the provisions on shares and entry fees as well as the obligation to submit a declaration in order to be admitted as a member of a cooperative, with the relevant provisions of the Constitution. The author refers to the constitutional complaint in SK 102/22 case, considering the possibility of a housing cooperative rejecting a claim for admission as a member of a housing cooperative by the owner of a residential property located in the common property managed by the cooperative. Analysis focuses on the Constitution’s guarantees of equality before the law, freedom of association and protection of property with respect to the rights of housing cooperatives as indicated in the Act on Housing Cooperatives, in particular, the right to decide on the acquisition of cooperative membership.