Advokatfirmaet Molteberg Nilsen Oversetter
A housing cooperative is a cooperative whose purpose is to give unit holders the right to use their own homes on the cooperative's property. It may be independent or affiliated with a housing association such as OBOS or USBL. The rules for housing cooperatives are regulated in the Housing Cooperatives Act.
Who decides in the housing cooperative?
The general meeting is the highest authority in the housing cooperative. All unit holders have the right to attend the general meeting and have the right to vote. The unit owner's spouse, cohabitant and other members of the household do not have the right to vote, but still have the right to be heard.
The general meeting shall elect a board, which makes decisions about the day-to-day running of the housing cooperative. More extensive measures, such as remodeling and extensions or the sale of real estate, are the responsibility of the general meeting.
Obligation to volunteer
Volunteering in the housing cooperative is voluntary. However, it is important to be aware that you may be left with the bill if it is necessary to hire help to get the job done. The board can increase the common costs to cover the expense. If, on the other hand, you choose to take part in this year's volunteer work, you can get paid for this by reducing your common expenses.
Rental and lending of housing in housing cooperatives
Rental of housing generally requires the approval of the board. However, there are some exceptions. If you live in the property yourself, you are free to allow others to use parts of your property. If, on the other hand, you are away, you can leave the property to someone else for up to 30 days a year.
With the approval of the board, unit owners can leave the use of the property to others for up to three years if the owner has lived in the property for at least one of the last two years. Although the board of directors must approve the letting, there must be an objective reason for the board to refuse such an arrangement.
Maintenance obligation
As a unit owner, you are responsible for the maintenance of your own home. This includes all interior surfaces, pipes, wiring and windows - but not the replacement of windows and exterior doors. In return, you can furnish and decorate as you wish, as long as it does not affect load-bearing structures or the common parts of the ventilation, electrical or plumbing systems.
The housing cooperative is responsible for external maintenance, such as the facade and roof, entrances and common areas. Damage to fixtures and fittings or property belonging to the housing cooperative is also the cooperative's responsibility - unless the damage is caused by another co-owner.
Right of first refusal
Right of first refusal means that you have the right to enter into a purchase agreement between the seller and another buyer and take over the purchased property in return for paying the same agreed price. Your housing cooperative's articles of association will state whether there is a right of pre-emption. It will also state who has the right of pre-emption in that case. Normally, the right of pre-emption applies to you and other residents of the housing cooperative, and possibly other members of the housing cooperative, such as OBOS.
The right of pre-emption cannot be exercised when the home is transferred to the unit owner's spouse, children, grandchildren, parents, grandparents or siblings. The same applies when the share is transferred to someone who has belonged to the same household as the unit owner for the past two years. If you take over the property after a divorce or as a result of the household being dissolved, no-one can demand that your property be taken over by pre-emption.
The deadline for notifying that you wish to exercise your pre-emption right is generally 20 days from the housing cooperative receiving written notification that the property has been sold.