Ansvarsfördelningen av det inre underhållet i en bostadsrätt

Sammanfattning: In accordance with the Tenant-Ownership Act the division of responsibilities for the internal maintenance of a tenant-ownership home shall be drawn at what is referred to in the law as “walls, floors and ceilings”. According to the law, however, there is also room for the tenant-ownership association to independently regulate the division of responsibilities between the tenant-ownership and the association. The regulation of such a division of responsibilities is implemented by changing the wording to some extent regarding the internal maintenance in the association's statutes. Tenant-ownership associations can be affiliated with a trustee or independently manage their association, which today has led to a problem as this creates deviating basic conditions. Associations that are affiliated with a trustee usually have basic formulations in their statutes, while independent associations themselves are based on what is stated in the law and have a lesser tendency to base their formulations on a closer analysis of more specific additions. As recently as 2020, a tenant-ownership association's formulation of its bylaws resulted in a major dispute that received attention. The case concerned a major demarcation problem regarding the division of responsibilities of the internal maintenance in a tenant-ownership between the tenant-owner and the association. A study of various large associations 'statutes has been carried out to investigate the extent to which associations' statutes can affect the division of responsibilities. In view of the fact that it is not precisely defined in law what the division of responsibilities looks like in the issue, in addition to the study of various associations' statutes, an analysis of legal material has also been conducted, to create a broader picture of how the statutes are formulated in practice and whether there is scope for improvement. This resulted in us getting a clear picture that associations that are affiliated with a outsourced management have more specific formulations that can be to the association's advantage in the event of a dispute. The associations that manage themselves largely lack equally clear wording that can lead to a major demarcation problem between the association and the tenant-owner regarding the internal maintenance.