Representation of the homeowners association by the board and management of its affairs – a commentary on the judgment of the Court of Appeals in Warsaw of 10 August 2021, V ACa 269/21

The correctness of the representation of an entity in business transactions is an important legal issue. With regard to housing communities, the regulation of the Apartment Ownership Act establishes as a rule representation by the management board or, in the case of a multi-member management board, by two members of the management board. This is a statutory rule, which may only be modified by an agreement of the owners of premises concluded pursuant to Article 18 of the Act. The manner of representation of an housing community is a matter of common property management. It is not possible to change the manner of representation of a residential community by virtue of a resolution of the owners of premises, and therefore the position of the Court of Appeal in the judgment under comment is incorrect.