Bostadsratst
Bostadsrätt ( German permanent housing law ), also known as Insatslägenhet ( German apartment for which you have to pay a stake ), is a form of leasing in which members of a Bostadsrättsvereinigung , a cooperative , acquire the right to use a cooperative apartment. This includes the right to use apartments or single-family houses in return for compensation for an unlimited period of time, provided that all obligations towards the Bostadsrättvereinigung are met.
The owner of a Bostadsrätt is not the owner of the apartment , but rather acquires a share in the Bostadsrätt Association. This in turn is the owner of the apartment. The apartment can be in an apartment building or a single-family house . If the association owns several single-family houses, it can also be called a single-family house association . Either the contribution paid or the share is used as the basis for calculating the annual fee to the Bostadsrättvereinigung. This share is calculated from the assets and debts of the association.
Only the Bostadsratsvereinigung can provide the Bostadsrätt. If the association has made the Bostadsrätts available, the Bostadsrättstowner can transfer it to another person (which is often incorrectly referred to as selling the apartment) in order to regain the capital he invested. The owners of a Boston Council have the right to have it returned to the Boston Council. If the Boston Councilor neglects his duties to the Bostadsratsverein, he can forfeit his Bostadsratst. The Bostadsrättsverein can then offer this Bostadsrätts on the free market.
The association can buy single-family houses (so-called free purchase), but only newly built apartments. This can then be divided into individual apartments for shareholders. The law that regulates these things is the Boston Council Law. According to the Swedish Central Statistical Office ( Swedish Statistiska centralbyrån ), there were 762,000 apartments with Bostadsrätt in 2009. Compared to 1990 this is an increase of 51 percent.
Creation of the Bostadsrats
The Bostadsrätt has existed in Sweden since the 19th century. Its introduction should make it possible that clubs could build a house together with the savings of their members. Before 1930 such an apartment was "owned" by owning a share in the Bostads Association or shares in a Bostads Aktiengesellschaft. Bostadsrats 'associations were able to form after the first Bostadsrats' law was passed in 1930. The basic idea was that a Bostadshaus should be jointly owned by the residents and that there would be a management that represents all residents and controls all income and expenses. Now more and more Bostadsrättsvereine emerged. Either through the conversion of normal tenancies, which were converted into Bostadsrätts, or through the construction of new buildings, in which the Bostadsrättsvereinigung acted as the builder in order to later sell them as Bostadsrätts.
In order to convert normal tenancies to Bostadsrätter, at least two thirds of all tenants in the relevant residential complex must agree to the association's plan. In certain cases, for example in the case of generally used buildings, the approval of the authorities may also be necessary. Tenants who do not want to buy into the Bostadsrättsvereinigung have the right to remain tenants in their apartment. According to the law, the Bostadsratsvereinigung must assume all the duties of a landlord.
When a construction company wants to erect a building that is planned to be used later for Bostadsrats, the supervision of the construction is placed in the hands of the Bostadsratsvereinigung. Such supervision does not always work in the interests of the future owners, but rather for the construction company. A consequence of this can be that a low monthly fee is applied at the beginning in order to facilitate the sale, but this must then be increased later. Another risk would be entering into an unfavorable contract with the club management. In the meantime, such an association management no longer needs to be approved by the association members at the annual general meeting .
Transfer of the Boston Council also referred to as "sale"
A written contract must be concluded when purchasing a Boston Council. This must be signed by both the purchaser and the forwarder of the Bostadsrats. Membership must be approved by the association in order for a transfer to be valid. Foreclosures are excluded . The management of the association has the right to deny someone membership in the association. But this decision can be challenged in a court of law. The main reasons why membership is denied are low income or bad credit . However, other reasons can also be asserted. The Bostads Act regulates the requirements for joining such an association. Membership is usually also denied to legal persons , as otherwise the other members would be suspected of being a bogus Boston Councilors' association.
It is common for a buyer of an existing bostadsrat to compare the size of the apartment, its attractiveness and the price with comparable offers on the market. The monthly fee is part of this comparison. The monthly fee includes the common costs for maintenance and the costs for any community loans . This can vary, depending on the amount of the loan to be paid and the applicable interest rates . Any difference between the "sales amount" and the amount invested to purchase the Bostadsrätt can, with certain restrictions, be deducted from tax by the owner. The calculated net present value of the Boston Council can be used to calculate the owner's assets.
Conversions within the Boston Council
In earlier Bostadsrättsgesetzes, conversions of the apartment or house were not regulated, as such cases were always resolved within the respective association. Today the owner is allowed to remodel his apartment. It is customary to pay a small annual amount into a fund so that there are always sufficient funds available for maintenance and renewal. Pure conversions are excluded here.
Since 2003 you only need the approval of the community if you want to make changes to load-bearing structures or major changes in the kitchen or wet rooms. The association can only refuse the requested permission if this is permitted by the Bostadsrättsgesetz or if the association suffers disadvantages as a result.
The Bostadsratst in other countries
The Swedish Bostadsrätt has the equivalent of Andelsbolig ( German share apartment ) in Denmark and Borett ( German right of residence ) in Norway . The Finnish term Asumisoikeus means right of residence, but is more similar to Swedish tenancy law. The terms Bostadsrätt / Bostadsrättsvereinigung are commonly referred to in English as Housing Cooperative . However, this should not be confused with the term condominium , because it comes very close to the term Swedish condominium.
literature
- Per Isacson: Bostadsrättsboken, Allt du behöver veta för att köpa, sälja, äga och bo med bostadsrätt . Ed .: Telegram Bokförlag. 2006, ISBN 91-7738-723-6 (Swedish).
Individual evidence
- ^ Bostadsratslag (1991: 614). lagen.nu, May 30, 1991, accessed July 2, 2013 (Swedish).
- ↑ Styrel information bostadsrättsföreningar. (No longer available online.) Fastighetpartner.se, 2009, archived from the original on August 12, 2010 ; Retrieved July 2, 2013 (Swedish). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Bobattre ordlista. bobattre.se, 2009, p. 5 , accessed July 2, 2013 (Swedish).
- ^ Bostadsratslag (1991: 614). lagen.nu, May 30, 1991, accessed July 2, 2013 (Swedish).
- ↑ Justitedepartementet om ägarlägenheter. government.se, accessed July 2, 2013 (Swedish).
- ↑ Condominium compared to the Bostadsrätt. (PDF; 312 kB) epubl.ltu.se, accessed on July 2, 2013 (Swedish).
- ↑ Boföreningar stämmer byggare på 130 miljoner. Sydsvenskan, February 1, 2011, accessed July 2, 2013 (Swedish).
- ↑ nya borattsforeningar kan ha kostsamt arvegods titelerg =. E24, March 3, 2012, accessed July 2, 2013 (Swedish).
- ↑ Bostadsrättsföreningen kan stoppa din inflyttning. E24.se, December 13, 2008, accessed July 2, 2013 (Swedish).
- ↑ Kan one som bostadsrättsförening neka en köpare att köpa en lägenhet och i så fall i vilka fall kan man neka? Lawline, April 23, 2006, accessed July 2, 2013 (Swedish).
- ↑ Bostadsrättsförening ej skadeståndsskyldig. (No longer available online.) Juristassistans Stockholm, archived from the original on November 25, 2011 ; Retrieved July 2, 2013 (Swedish). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Bostadsratslag (1991: 614). Notisium, May 30, 1991, accessed July 2, 2013 (Swedish).
- ^ Bostadsratslag (1971: 479). Notisium, May 14, 1971, accessed July 2, 2013 (Swedish).
- ↑ SFS 2003: 31 Lag om ändring i bostadsrättslagen (1991: 614). (PDF; 43 kB) Notisium, January 30, 2003, accessed on July 2, 2013 (Swedish).
- ↑ Ändringar i bostadsrättslagen. (No longer available online.) Brf. Gärdan, January 30, 2003, archived from the original on June 9, 2010 ; Retrieved July 2, 2013 (Swedish). Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- ^ Bostadsratslag (1991: 614). Notisium, May 30, 1991, accessed July 2, 2013 (Swedish).
