The tenants must pay the cooperative 6,000 PLN. The reason is access to the road.
- Some residents received pre-trial summonses and even orders to pay PLN 6,000 plus PLN 1,200 in court costs, in connection with court decisions made in a simplified procedure, without a hearing.
- The entire matter is closely linked to plans to build a new apartment building, which has yet to be built. The housing cooperative has not obtained planning permission for this project, partly due to the lack of access to a public road.
- "Starówka" emphasizes that the property at Sienna 85 has an "easement of necessity," the lack of which "prevented the conversion of cooperative rights to the premises into ownership rights." According to the report, the costs of the easement – in accordance with the law – are borne by members who hold rights to the premises.
The topic was raised by Gazeta Wyborcza, which spoke with the disgruntled tenants of 85 Sienna Street, an old high-rise building built in the 1960s.
" It's not 60 PLN or even 600 PLN, but 6,000 PLN. Most of the people living here are retirees. For many, it's a huge sum of money. I don't understand why we have to pay for this road, which everyone uses . There are housing communities and a kindergarten nearby. But only we have to pay," Ewa told Gazeta Wyborcza.
He adds that some residents paid, others asked to pay in installments or decided to fight.
They wanted to build a new apartment building on the adjacent green area.The root of the matter lies in the cooperative's investment plans. In 2018, it suddenly installed a fence around the green area between Żelazna, Twarda, and Sienna streets, where it planned to build an apartment building . However, the building never materialized. According to Wola Deputy Mayor Adam Hać, the matter is complicated.
"The previous draft local plan, presented in 2014, did indeed allow for residential development in this area. However, that plan was never adopted. It was split into two parts, which meant that planning procedures had to be restarted," he explains to Gazeta Wyborcza.
He adds that the cooperative began independently applying for development conditions for the apartment building. Conditions it did not receive.
" The main reason for the refusal was the lack of access to a public road . Therefore, the cooperative requested the establishment of a right-of-way easement, but at the same time questioned the valuation commissioned by the city," explains Adam Hać.
Settlement reached in court. "Starówka" accepted the expert's estimate of approximately PLN 1.3 million.The court proceedings in this case concluded in 2023 with the signing of a settlement. "Starówka" accepted the expert's valuation of approximately PLN 1.3 million.
Meanwhile, the local government has submitted a draft of a new local development plan, which includes a green space on the site of the cooperative's planned apartment building. According to the deputy mayor, the plan should be adopted within a few months.
According to Gazeta Wyborcza, the situation is as follows: the cooperative has an easement, but it cannot currently develop the plot because it has not yet obtained a decision on development conditions, and the draft new plan envisages a green area in that location.
The easement fee was passed on to residents. The local government is defending itself and filing a lawsuit.According to Gazeta Wyborcza, everything indicates that the one-time easement fee was passed on to the residents of the old building, who also have a grievance against the district authorities. The district authorities defend themselves by arguing that the housing cooperative applied for the easement, and the amount of the fee payable to the city was ultimately determined by the court.
"Gazeta Wyborcza" obtained an unsigned email statement from the cooperative. In it, "Starówka" emphasizes that the property at 85 Sienna Street was granted an "easement of necessity," the lack of which "prevented the conversion of cooperative rights to the premises into ownership rights."
The cooperative cites the law. "The costs are borne by the tenants."- The costs of establishing easements for residential premises and garages, in accordance with the Act on Housing Cooperatives, are obligated to be borne by members who have rights to premises in this property - he claims in the statement.
When it comes to investment plans on the fenced plot, the cooperative hides behind trade secrets.
Residents continue to live in uncertainty. Some have received pre-trial summonses and even orders to pay PLN 6,000 plus PLN 1,200 in court fees, due to court decisions made under a simplified procedure, without a hearing.
