Ingen lojalitetsplikt för byggmästaren? - En uppsats om skadeståndsskyldighet för interimsstyrelser i byggmästarbildade bostadsrättsföreningar

Sammanfattning: When a construction company decides to build a housing cooperative the company may often need to borrow money. To lend the money the banks will insist the construction company show they will be able to sell the co-op apartments in accordance with their business plan. To sell the co-op apartments they need a housing cooperative association. The construction company will therefore create the housing cooperative association, with representatives of the construction company as the interim board. The association hired the construction company to erect the housing cooperative. The association will then sell the as of yet unbuilt apartments to future buyers for an advance payment. Once they have enough advance purchases the construction company can the go to the bank and get a loan to actually build the house for the association. During the time before the buyers move in and the handing over control of the association to the new members, the interim board is responsible for making decisions for the construction and the general good of the association. The future members lack the rights and insight afforded to actual members, but are still bound by decisions taken by the interim board. In a few cases the construction companies interim boards have taken decisions that are obviously negative for the association and beneficial for the construction company, discharged themselves of responsibility, and handed over the association to the new members. Since the construction company are third party they cannot be held liable, the board has been discharged, and the only counterpart is the association. But the members are the association, who are now left the recourse of suing themselves. This seems to directly contradict the purpose of the rules of responsibility for board members. This paper will look into how these rules have been circumvented, and what alternatives remain for restitution for the buyers who are left without legal protection