COMPANY, SEAT AND PURPOSE
1 § The association's company name is Bostadsrättsföreningen Nattvakten. The seat of the board is Sollentuna.
2 § The association's purpose is to promote the members' financial interests by providing housing in the association's houses for permanent residence and premises for use by the members without time limit. A lease with a right of occupancy may only refer to a house or part of a house. A lease may, however, include land that is adjacent to the association's house, if the land is to be used as a complement to the use of the house or part of the house. A lease leads to a member receiving a right to housing or premises, called a right of occupancy. A member who holds a tenant-ownership is called a tenant-owner.
3 § The question of adopting a member is decided by the board unless otherwise follows from Chapter 2, Section 10 of the Tenancy Act. Application for membership in the association must be made in writing. The board shall as soon as possible, normally within one month from the application date, decide the issue of membership. The Board has the right to take credit information on the applicant as a basis for the examination.
4 § A member may not be expelled or withdraw from the association as long as he or she holds a right of occupancy.
EFFORTS AND FEES
5 § The contribution, percentage, annual fee and any lease fee for the tenant-owner's right are determined by the board. Change of contribution is decided by the general meeting in accordance with the Tenancy Act. In order to cover the association's costs for the activities and for the provisions specified in section 35, each tenant-owner's right must pay an annual fee. The annual fee shall be distributed in relation to the condominiums' share. The annual fee must be paid no later than the last working day before the beginning of each calendar month or at another time determined by the board. The annual fee includes compensation for heating and hot water, electric power, sanitation, drinking water, TV, broadband and telephony can be calculated according to consumption, area or per apartment.
6 § Transfer fee, pledge fee and fee for subletting can be charged by decision of the board. Transfer fee may amount to a maximum of 2.5 percent of the price base amount 2 according to ch. Sections 6 and 7 of the Social Insurance Code that apply at the time of applying for membership. The transfer fee is paid by the seller. The pledge fee may not exceed 1 percent of the same price base amount as above and which applies at the time of notification of the pledge. The fee for subletting, which may be charged annually, may for a flat amount to a maximum of 10 percent per year of the same price base amount as above. If an apartment is rented for part of a year, the maximum permitted fee is calculated according to the number of calendar months that the apartment is rented. The association is entitled to default interest according to the Interest Act (1975: 635) on unpaid fees according to this section and § 5 from the due date until full payment is made as well as compensation for reminder fee according to law (1981: 739) on compensation for debt collection costs etc.
PROVISION AND TRANSITION OF HOUSING RIGHTS
7 § Tenancy is granted in writing and may only be granted to a member of the association. The assignment document must state the names of the parties, the apartment to which the assignment relates, the purpose of the assignment and the amounts to be paid as a contribution, annual fee and any assignment fee.
8 § An agreement on the transfer of a condominium through purchase must be drawn up in writing and signed by the seller and the buyer. The purchase document must contain information about the apartment to which the transfer relates and about a price. The same shall apply to exchange or gift. Acquirers of condominiums must apply in writing for membership in the association. The application must state personal identity number and address. A copy of the transfer agreement must be attached to the application.
9 § When a tenant-ownership has been transferred from a tenant-owner to a new holder, he or she may exercise the tenant-ownership only if he or she is or is accepted as a member of the tenant-owner association. However, a legal person may exercise the tenant-ownership without being a member of the association, if the legal person has acquired the tenant-ownership in the event of an executive sale or in a forced sale in accordance with Chapter 8 of the Tenancy Act and then had a lien in the tenant-ownership. Three years after the acquisition, the association may request the legal person to show within six months of the request that someone who may not be refused entry into the association has acquired the right of occupancy and applied for membership. If the request is not complied with, the tenant-ownership may be forcibly sold in accordance with Chapter 8 of the Tenancy Act on behalf of the legal entity. An estate after a deceased tenant-owner may exercise the tenant-ownership even though the estate is not a member of the association. Three years after the death, however, the association may request the estate to show within six months of the request that the tenant-ownership has been included in the division of property or succession due to the tenant-owner's death or that someone who may not be refused entry into the association has acquired the tenant-ownership and applied for membership. If the request is not complied with, the tenant-ownership may be forcibly sold in accordance with Chapter 8 of the Tenancy Act on behalf of the estate. Tenant holders who have transferred their tenant-ownership to another member must submit a written notification to the association stating the date of transfer and to whom the transfer took place.
RIGHT TO MEMBERSHIP AT TRANSITION
10 § The person to whom a tenant-ownership has been transferred may not be refused entry into the association if the conditions prescribed in the articles of association are met and the association should reasonably accept him or her as a tenant-owner. Nor may membership be denied to anyone on a discriminatory basis that follows from law. A precondition for a natural person who has acquired a tenant-ownership of a residential apartment to be granted membership is that the acquirer must settle permanently in the apartment. A legal person who has acquired a right of occupancy for a residential apartment may be refused entry into the association. If a tenant-ownership has been transferred to the tenant-owner's spouse, the spouse may be refused entry into the association only if the spouse does not meet the association's conditions for membership and it may reasonably be required that the spouse fulfills such conditions. The same applies when a tenant-ownership of a tenant-owned apartment has been transferred to another related person who lived with the tenant-owner permanently. In the case of acquisition of a share in a condominium, the first and fourth paragraphs apply only if the condominium after the acquisition is held by spouses or, if the condominium refers to a residential apartment, by such cohabitants to whom the Cohabitation Act (2003: 376) is to be applied. A transfer is invalid if the person who transferred to a tenant-owner's right is refused membership in the tenant-owner's association. If the acquisition took place by executive sale or by forced sale according to Chapter 8 of the Tenancy Act and in such a case the acquirer has not been admitted as a member, the association shall redeem the tenancy for reasonable compensation, except in cases where a legal person according to § 9 above may exercise the tenancy without being member.
11 § If a tenant-ownership has been transferred by division of property, inheritance, will, transfer of company or similar acquisition and the acquirer has not been accepted as a member, the association may request the holder to show within six months of the request that someone who may not be refused entry into the association has acquired the tenant-ownership and applied for membership. If the time specified in the summons is not observed, the condominium may be forcibly sold in accordance with Chapter 8 of the Tenancy Act on behalf of the acquirer.
DISCLAIMER OF HOUSING RIGHTS
12 § A tenant-owner may waive the tenant-ownership at the earliest after two years from the lease. Resignation must be made in writing to the board. In the event of a resignation, the tenant-ownership is transferred to the association at the turn of the month that occurs immediately after three months from the resignation or at the later turn of the month specified in this.
THE HOUSINGHOLDER's RIGHTS AND OBLIGATIONS
13 § The tenant-owner must keep the apartment in good condition at his own expense. This also applies to land and patio, storage, garage or other apartment complement that is included in the lease. The tenant-owner is also obliged to follow the instructions issued by the board regarding the general design of the land, patios and the like. All measures that the tenant-owner carries out or has carried out in the apartment must be carried out in a professional manner.
1. The tenant-owner is thus responsible, among other things, for the apartment
a surface layers on the walls, floors and ceilings of the rooms as well as stucco and underlying surface treatment required to apply the surface layer in a professional manner. The tenant-owner is also responsible for moisture-insulating layers / waterproofing layers,
b non-load-bearing interior walls,
c exterior and interior doors, security gate and windows with accessories as follows: glass, bars and blinds, including associated moldings, lining, sealing strips, handles, lock with key, fittings, espagnolette, hinges, ring device, etc. as well as surface treatment. When replacing the front door, the current standards for fire and sound attenuation must be followed and uniformity must be maintained,
d furnishings and equipment such as kitchen and bathroom furnishings, white goods such as, refrigerator, freezer, stove and washing machine, dryer and the like, as well as sanitary ware as well as bathtubs, shower cubicles and the like,
e pipes and other installations for water, sewage, heating, ventilation, electricity and information transmission to the parts these are located inside the apartment and do not serve more than one apartment.
g connection and distribution connections on water pipes as well as associated shut-off valves and fittings for water, for example taps, mixers, shower devices, including gaskets, floor drains, including the sealing layer's connection to these, and ventilation devices.
h cleaning of floor drains, water traps and pipes, to the extent that the pipes are located inside the apartment and are accessible and do not serve more than one apartment.
i radiators and heat pipes, in the case of water-filled radiators and heat pipes, the tenant-owner is only responsible for painting,
j electric underfloor heating that the tenant has provided with the apartment and towel dryer,
k fuse boxes and electrical wiring in the apartment, switches and sockets and fixed luminaires,
l kitchen fan up to the hood and for the luminaire and switch, and the associated cable to the extent that it is accessible inside the apartment, exposed or via inspection hatches,
n smoke alarm,
o own installations unless otherwise stated in these statutes.
2. If the apartment is equipped with a balcony, terrace, roof terrace, ground or patio with its own entrance or stairs with an attic corridor, the tenant-owner is responsible for the surface layers and the inside of side sections, fronts and roofs. Furthermore, the tenant-owner is responsible for cleaning and snow removal and must also ensure that runoff of stormwater is not prevented. The tenant-owner is also responsible for the maintenance of materials laid / added on top of the balcony slab by the tenant-owner. If the apartment has a storage room, garage or other apartment complement, the tenant-owner must observe the health, order and condition of these spaces. Devices / extensions such as awnings, balcony glazing, lighting fixtures, sun protection, satellite dishes, balconies, patios, balconies, roof terraces etc. may be mounted on the outside of the house / association's land only after the board's written approval. The tenant-owner is responsible for the care and maintenance of such devices / extensions. If it is necessary for the maintenance of the house or to fulfill an authority decision, the tenant-owner is obliged, at the request of the board, to dismantle facilities / extensions or otherwise ensure that the association can implement the necessary measures.
3The tenant-owner should as soon as possible report to the association errors and shortcomings in matters covered by the association.
4. If the tenant neglects his responsibility for the condition of the apartment according to this section to such an extent that another's safety is jeopardized or there is a risk of extensive damage to another's property and does not remedy the lack of the apartment as soon as possible, the association may remedy the lack of tenant expense.
5. For repairs due to fire or water main damage, the tenant-owner is only liable if the damage has arisen through
a his or her own negligence or neglect, or
b negligence or neglect of
a) someone who belongs to his or her household or who visits him or her as a guest;
b) any other person he or she has housed in the apartment, or
c) someone who performs work in the apartment on his or her behalf.
6. However, he or she is only liable for repairs due to fire damage that has arisen through negligence or neglect by someone other than the tenant-owner himself or herself if he or she has breached care or supervision. If there are vermin in the apartment, the two above paragraphs apply to fire or water damage in applicable parts. Association
7. The association is responsible for the property and everything that the member is not responsible for, such as
a repairs of pipes for sewage, heating, electricity and water, if the association has provided the apartment with the pipes and which are not accessible in the apartment and these serve more than one apartment,
b water-filled radiators and heating pipes that the association has provided the apartment with, however, the tenant-owner is responsible for painting
c ventilation ducts to the parts these are not accessible inside the apartment
d in the case of wiring for electricity, the association is responsible for the apartment's fuse box and surface treatment for externally visible parts of windows and window doors and, where applicable, putty. f towel dryer, if the association has provided the apartment with this and the towel dryer forms part of the property's heat supply g window frame and window frame
8. The association may undertake to carry out such maintenance measures as, according to what has been said above, the tenant-owner shall be responsible for. Decisions on this and which concern the tenant - owner's apartment shall be made at the general meeting and may refer to measures taken in connection with extensive maintenance work or rebuilding of the association's house.
14 § The tenant-owner should take out home insurance with a tenant-owner supplement.
15 § The tenant-owner may not, without the board's permission in the apartment, carry out a measure that includes
1. intervention in a load-bearing structure,
2. modification of existing pipes for drainage, heating, water, or
3. other significant change to the apartment. The board may not refuse to grant permission for a measure referred to in the first paragraph unless the measure is to the significant detriment or inconvenience of the association.
16 § When the tenant-owner uses the apartment, he or she must ensure that those who live in the area are not exposed to disturbances that may be harmful to health to such an extent or otherwise deteriorate their living environment that they should not be reasonably tolerated. The tenant-owner must also otherwise, when using the apartment, observe everything that is required to maintain health, order and good condition inside or outside the house. He or she must comply with the special rules issued by the association in accordance with local customs. The tenant-owner shall keep a close eye on that these obligations are also fulfilled by those for whom he or she is responsible in accordance with section 13, paragraph 5, subsection 2. If there are such disturbances in the accommodation as are referred to in the first paragraph, first sentence, the association shall
1. give the tenant - owner notice to ensure that the disturbances cease immediately, and
2. in the case of a residential apartment, notify the social welfare board in the municipality where the apartment is located about the disturbances. The second paragraph does not apply if the association dismisses the tenant-owner due to the fact that the disturbances are particularly serious with regard to their nature or extent. If the tenant-owner knows or has reason to suspect that an object is infested with vermin, this may not be taken into the apartment.
17 § Representatives of the tenant-owner association have the right to enter the apartment when it is needed for supervision or to perform work for which the association is responsible or has the right to perform in accordance with section 13. When the tenant-owner has waived the tenant-ownership in accordance with Chapter 4, Section 11 of the Tenant-Ownership Act or when the tenant-ownership is to be forcibly sold in accordance with Chapter 8 of the Tenancy Act, the tenant-owner is obliged to have the apartment displayed at the appropriate time. The association shall ensure that the tenant-owner does not suffer greater inconvenience than necessary. If the tenant-owner does not give access to the apartment when the association has the right to it, the enforcement agency may, upon application, decide on special assistance. With regard to such assistance, there are provisions in the Act (1990: 746) on payment orders and assistance.
18 § En bostadsrättshavare får upplåta sin lägenhet i andra hand till annan för självständigt brukande endast om bostadsrättshavaren har ett giltigt skäl samt om styrelsen ger sitt samtycke. Tillståndet ska tidsbegränsas och bostadsrättshavare kan ansöka om upplåtelse av lägenhet i andra hand ett år i taget. En bostadsrättshavare får upplåta sin lägenhet i andra hand endast för en tidsperiod på sammanlagt, maximalt, två år och tillståndet kan förenas med villkor. Som giltiga skäl för andrahandsuthyrning gäller följande:
1. ålder eller sjukdom. Om bostadsrättshavaren behöver läggas in på sjukhus eller annat boende på grund av ålder eller sjukdom.
2. tillfälliga studier eller tillfälligt arbete på annan ort. Studier eller arbete på en ort längre bort än normalt pendlingsavstånd, som huvudregel mer än åtta till tio mil bort eller med en restid som överstiger en och en halv timme enkel väg.
3. längre utlandsvistelse. En utlandsvistelse som pågår i minst sex månader.
4. provsamboende. Provsamboende i ett parförhållande. Provboende kan ske i den enes bostad eller i en gemensamt anskaffad bostad.
5. uthyrning till närstående. Att barn eller andra närstående behöver bostad är ett godtagbart skäl, även det under en begränsad tid.
Om styrelsen inte ger sitt samtycke till en andrahandsupplåtelse får bostadsrättshavaren ändå upplåta sin lägenhet i andra hand, om hyresnämnden lämnar tillstånd till upplåtelsen. Tillstånd ska lämnas om bostadsrättshavaren har skäl för upplåtelsen och föreningen inte har någon befogad anledning att vägra samtycke. Tillståndet ska begränsas till viss tid och kan förenas med villkor.
Samtycke behövs dock inte
6. if a tenant-ownership has been acquired by executive sale or forced sale in accordance with Chapter 8 of the Tenancy Act by a legal person who had a lien on the tenant-ownership and who has not been accepted as a member of the association, or
7. om lägenheten är avsedd för permanentboende och bostadsrätten till lägenheten innehas av en kommun eller ett landsting.
Styrelsen ska genast underrättas om en upplåtelse enligt tredje stycket.
19 § The right-of-occupancy holder may not use the apartment for any purpose other than that intended. However, the association may only invoke deviations that are of significant importance to the association or any other member of the association.
20 § The right-of-occupancy holder may not accommodate outsiders in the apartment, if this may entail harm to the association or any other member of the association.
CONFUSION OF RESIDENTIAL RIGHTS
21 § The right of use of an apartment which is held with a tenant-ownership and which has been taken over is forfeited and the association is thus entitled to terminate the tenant-owner to move out,
1. if the tenant-owner delays in paying the contribution or lease fee for more than two weeks from the time the association called on him or her to fulfill his or her payment obligation after the due date,
2. if the tenant-owner delays in paying an annual fee or fee for subletting, in the case of a residential apartment, more than one week after the due date or, in the case of a premises, more than two working days after the due date,
3. if the tenant-owner without the necessary consent or permit sublets the apartment,
4. if the apartment is used in violation of §§ 19 or 20,
5. if the tenant-owner or the person to whom the apartment has been sublet, through negligence is causing the presence of vermin in the apartment or if the tenant-owner by not without undue delay notifying the board that there are vermin in the apartment contributes to vermin spreading in the house,
6. if the apartment is otherwise neglected or if the tenant-owner breaches his obligations according to section 16 when using the apartment or if the person to whom the apartment is subleased when using this breaches the obligations that according to the same section are incumbent on a tenant-owner,
7. if the tenant-owner does not provide access to the apartment in accordance with section 17 and he or she cannot show a valid excuse for this,
8. if the tenant-owner does not fulfill an obligation that goes beyond what he or she is required to do according to the Tenancy Act and it must be considered of particular importance to the association that the obligation is fulfilled, and
9. if the apartment is wholly or substantially used for business activities or similar activities, which constitutes or in which to a not insignificant extent criminal proceedings are included, or for temporary sexual relations for remuneration.
The right of use is not forfeited if the tenant's burden is of little importance. In the assessment, special consideration shall be given to whether what is on the tenant - owner's charge is based on the fact that a close relative or former close relative has exposed the tenant - owner or someone in the tenant - owner's household to crime. Termination due to circumstances referred to in the first paragraph p 3, 4 or 6-8 may take place if the tenant-owner does not refrain from making a correction without delay after notice. Termination due to circumstances referred to in the first paragraph p 3 may, however, in the case of a residential apartment, not take place if the tenant-owner without delay applies for permission for the lease and the application is granted. In the case of particularly serious disturbances in the accommodation, what is stated in the first paragraph p 6 applies even if no notice of correction has been given. However, this does not apply if the disturbances occurred during a time when the apartment has been sublet in the manner specified in section 18. If the association terminates the right-of-occupancy holder for eviction, the association is entitled to compensation for damage.
22 § The association's financial year covers the time fr.o.m. on January 1, t.o.m. on 31 December.
23 § The board consists of a minimum of three and a maximum of seven members and no or a maximum of three deputies, who are elected by the association at the annual general meeting for one to two years. In addition to a member, a person who belongs to the member's family household and who lives in the association's house can be elected as a board member.
24 § The board constitutes itself. The Board has a quorum, except in cases referred to in § 10 above, when the number of members present at the meeting exceeds half of all board members. The Board's decision is the opinion on which more than half of those present voted or in the event of an equal number of votes the opinion supported by the Chairman. If the minimum number of members for quorum is present, agreement on the decisions is required as well as in the case referred to in § 10.
25 § The association's company name is signed, in addition to the board, by the board members, two in association.
26 § Without the authorization of the general meeting, the board or signatories may not dispose of the association's real property or land rights. The board or signatories may also not demolish or decide on significant changes to the association's house or land, such as significant new, extensions or conversions of such property. However, the board may mortgage and mortgage such property or land lease. What applies to the change of apartment is regulated in § 15.
27 § It is the responsibility of the board to: submit an account of the administration of the association's affairs by submitting an annual report which shall contain a report on the activities during the year (administration report) and an account of the association's income and expenses during the year (income statement) and the position at the end of the financial year. ), prepare a budget for the coming financial year, at least six weeks before the general meeting at which the annual report and the auditors 'report are to be presented, submit the annual report to the auditors for the past financial year, submit any written explanation of the auditors' remarks no later than two weeks before the annual general meeting keep the annual report and the auditor's report available, and keep minutes of all meetings. The minutes shall be kept in numerical order, adjusted by the chairman and another member determined by the board and kept in a secure manner.
MEMBERSHIP AND APARTMENT LIST
28 § The board shall keep a list of the tenant-owner association's members (list of members) and a list of the flats that are leased with tenant-ownership (apartment list).
29 § A minimum of one and a maximum of three auditors and no or a maximum of two deputies are elected by the Annual General Meeting until the next Annual General Meeting has been held. A registered auditing company can also be appointed as auditor. No deputy is appointed for such auditor. It is the auditor's responsibility to: carry out an audit of the association's accounts and administration, and no later than three weeks before the annual general meeting to present the auditor's report.
30 § The Annual General Meeting shall be held once a year before the end of May. An Extraordinary General Meeting shall be held when the Board finds reasons to do so. An Extraordinary General Meeting shall also be held when the auditor or at least one tenth of all those entitled to vote request it in writing from the Board, stating a matter that is to be considered at the meeting. Notice of the general meeting and other notices to the members of the association shall be sent to the members by dividend, by letter by post or by e-mail to the stated or other postal or e-mail address known to the board. A member who does not live in the house must be called in writing under the stated or other postal or e-mail address known to the board. Notice of a meeting must clearly state the matters that are to occur at the meeting. If the general meeting is to make a decision on an amendment to the articles of association, the amendment must be stated in the notice or the proposed articles of association are attached. Notice may be issued no earlier than six weeks before and no later than two weeks before, both for the Annual General Meeting and the Extraordinary General Meeting.
31 § A member who wishes to have a matter considered at a meeting of the meeting must submit his request in writing to the board no later than 1 February, or the later day announced by the board, before the annual general meeting.
32 § At the Annual General Meeting there shall be:
1. Opening of the meeting.
2. Election of chairman of the meeting.
3 Approval of the agenda.
4. Notification of the AGM chairman's election of minutes.
5. Election of two adjusters and a voice counter.
6. Ask if the meeting has been announced in accordance with the articles of association.
7. Determination of the electoral roll.
8. Presentation of the Board's annual report.
9. Presentation of the auditor's report.
10. Decision on adoption of the income statement and balance sheet.
11. Decision on disposition of results.
12. Question about discharge of liability for board members.
13. Ask about fees for board members and auditors for the next financial year.
14. Election of board members and deputies.
15. Election of auditors and deputy auditors.
16. Matters that the board has included in the notice of decision or as a member reported in accordance with section 31.
17. Closing of the meeting.
At the Extraordinary General Meeting, in addition to items 1–7 and 17 above, only those matters for which the meeting has been announced and which are stated in the notice convening the meeting shall occur.
33 § No later than three weeks after the meeting, the adjusted minutes shall be kept available at the association for the members.
34 § At the general meeting, each member has one vote. If several members have a condominium in common, they together have only one vote. If a member holds more than one tenant-ownership in the association, the member still has only one vote. Only the member who has fulfilled his obligations to the association is entitled to vote. A member may exercise his voting right through a representative who must either be a member of the association, spouse or cohabitant. Representatives must have a written, signed and day-signed power of attorney. Representatives may represent several, but not more than two members. A member may bring a maximum of one assistant to the general meeting. Only the spouse or cohabitant or other member may be an assistant. The general meeting may decide that anyone who is not a member shall have the right to attend or otherwise follow the proceedings at the general meeting. Such a decision is valid only if it is decided by all those entitled to vote who are present at the general meeting. Voting at the general meeting takes place openly unless the person present with the right to vote calls for a secret ballot. In the event of an equal number of votes, elections are decided by drawing lots, while in other matters the opinion assisted by the chairman at the meeting applies. The cases - including the question of amending these statutes - where a special majority of votes is required for the validity of a decision are dealt with in Chapter 9 of the Tenancy Act.
35 § At the Annual General Meeting, the Nomination Committee may be appointed for the period up to and including the next Annual General Meeting. The Nomination Committee's task is to submit proposals for all personnel elections and fees.
MAINTENANCE PLAN AND FUND
36 § The board shall establish a maintenance plan for the implementation of the maintenance of the association's house and budget annually and by deciding on the size of the annual fees ensure the necessary funds to ensure the maintenance of the association's house. Provisions for external funds are made in accordance with the maintenance plan.
37 § If the general meeting decides that the profits generated shall be distributed, the profits shall be distributed among the members in relation to the apartments' contributions.
DISSOLUTION AND LIQUIDATION
38 § If the association is dissolved, retained assets shall accrue to the members in relation to the apartments' contributions.
39 § In addition to these statutes, the provisions of the Tenancy Act, the Act on Economic Associations and other applicable legislation apply to the association's activities.
Ovanstående stadgar har antagits vid föreningsstämmor den 26 maj 2021 och den 15 juni 2021 intygar undertecknade styrelseledamöter.
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