O uprawnieniu wspólnoty mieszkaniowej do sprzedaży lokalu jej członka (art. 16 ustawy o własności lokali)

This paper discusses the issue of the right of a housing community to sell its member's premises, regulated in Article 16 of the Act on ownership of premises. It begins by presenting the views of scholars on the legal nature of this right. This is followed by a critical analysis of these views. The further part of the paper discusses the scope of the community's powers and its legal nature. In particular, the issue of the community's procedural legitimacy was raised. The considerations contained in the final part of the paper lead to the conclusion that the community's right provided for in Article 16 u.w.l. it is a subjective shaping law.