Statutes

Bylaws of the Housing Cooperative Association Leoparden 5 (org. no. 769611-5687) Adopted at the general meeting on 4 May 2021

 

COMPANY NAME, REGISTERED OFFICE AND PURPOSE

§1 The association’s company name is Bostadsrättsföreningen Leoparden 5.

The association’s board has its registered office in Solna Municipality, Stockholm County.

§2 The purpose of the association is to promote the members’ financial interests by granting, in the association’s building(s), dwellings for permanent residence and premises for use by the members without time limitation. A grant of a housing cooperative right may only relate to a building or part of a building.

A grant gives a member a right to a dwelling, called a housing cooperative right (bostadsrätt). A member who holds such a right is called a co-op owner (bostadsrättshavare).

 

MEMBERSHIP

§3

The question of admitting a member to the association is decided by the board, except in cases governed by Chapter 2, §10 of the Housing Cooperative Act. In its assessment, the board shall comply with these bylaws and the Housing Cooperative Act.

An application for admission to the association must be made in writing. The board shall decide the membership application without delay, normally within one month from the application date.

Membership may not be refused on any discriminatory ground provided by law.

The housing cooperative association has the right to obtain a credit report on the applicant as a basis for its assessment.

§4 A member may not be excluded or withdraw from the association as long as he or she holds a housing cooperative right.

 

CAPITAL CONTRIBUTION AND FEES

 

§5 The capital contribution (insats), share ratio (andelstal), annual fee (årsavgift), and any initial grant fee (upplåtelseavgift) for the housing cooperative right are determined by the board. A change in capital contribution is decided by the general meeting in accordance with the Housing Cooperative Act.

Each housing cooperative right shall pay an annual fee for the association’s operations and for the allocations specified in §35. The annual fee shall be distributed in proportion to the housing cooperative rights’ share ratios.

If the internal relationship between share ratios is disrupted, the decision shall be taken by the general meeting.

A decision to amend the bylaws where the decision also concerns a change in the basis for charging annual fees shall be taken by the general meeting in accordance with Chapter 9, §23 of the Housing Cooperative Act.

The board may decide that compensation included in the annual fee for heating, hot water, cleaning, domestic water consumption, and electricity may be paid according to consumption. Compensation included for information transmission (e.g., broadband/TV) may be paid per apartment.

The annual fee shall be paid no later than the last working day before the beginning of each calendar month, or at another time determined by the board.

For additional utilities used only by certain members, such as extra storage space and similar, a separate fee shall apply as determined by the board.

§6 Transfer fee (överlåtelseavgift), pledge fee (pantsättningsavgift), and a fee for subletting may be charged by decision of the board. The transfer fee may amount to a maximum of 2.5% of the price base amount (prisbasbelopp) under Chapter 2, Sections 6 and 7 of the Social Insurance Code applicable at the time of the membership application. The transfer fee is paid by the seller. The pledge fee may amount to a maximum of 1% of the same price base amount as above and applicable at the time of notification of the pledge.

A fee for subletting, which may be charged annually, may for an apartment amount to a maximum of 10% per year of the same price base amount as above. If an apartment is sublet for part of a year, the maximum permitted fee is calculated based on the number of calendar months during which the apartment is sublet.

The association is entitled to late-payment interest under the Interest Act (1975:635) on unpaid fees under this §and §5 from the due date until full payment is made, and also compensation for reminder fees under the Act (1981:739) on compensation for debt collection costs, etc.

 

GRANT AND TRANSFER OF A HOUSING COOPERATIVE RIGHT

 

§7 A housing cooperative right is granted in writing and may only be granted to a member of the association. The grant document shall state the parties’ names, the apartment to which the grant relates, the purpose of the grant, and the amounts to be paid as capital contribution, annual fee, and any grant fee.

§8 An agreement for transfer of a housing cooperative right by purchase shall be drawn up in writing and signed by the seller and buyer. The purchase document shall include details of the apartment to which the transfer relates and the price. The same applies to exchange or gift.

The transfer agreement shall be submitted to the board.

§9 When a housing cooperative right has been transferred from a co-op owner to a new holder, the new holder may exercise the housing cooperative right only if he or she is or is admitted as a member of the housing cooperative association.

A legal entity may, however, exercise the housing cooperative right without being a member of the association if the legal entity acquired the housing cooperative right at an enforcement sale or compulsory sale under Chapter 8 of the Housing Cooperative Act and at that time held a pledge in the housing cooperative right. Three years after the acquisition, the association may instruct the legal entity to show, within six months from the instruction, that someone who may not be refused admission to the association has acquired the housing cooperative right and applied for membership. If the instruction is not complied with, the housing cooperative right may be compulsorily sold under Chapter 8 of the Housing Cooperative Act on behalf of the legal entity.

An estate of a deceased co-op owner may exercise the housing cooperative right even though the estate is not a member of the association. Three years after the death, the association may instruct the estate to show, within six months from the instruction, that the housing cooperative right has been included in a division of marital property or distribution of inheritance due to the co-op owner’s death, or that someone who may not be refused admission to the association has acquired the housing cooperative right and applied for membership. If the instruction is not complied with, the housing cooperative right may be compulsorily sold under Chapter 8 of the Housing Cooperative Act on behalf of the estate.

 

RIGHT TO MEMBERSHIP UPON TRANSFER

 

§10 A person to whom a housing cooperative right has been transferred may not be refused admission to the association if the conditions prescribed in the bylaws are met and the association should reasonably accept him or her as a co-op owner. Membership may also not be refused on any discriminatory ground provided by law.

A condition for granting membership to a natural person who has acquired a housing cooperative right to a residential apartment is that the acquirer must take up permanent residence in the apartment. A legal entity that has acquired a housing cooperative right to a residential apartment may be refused admission to the association.

If a housing cooperative right has been transferred to the co-op owner’s spouse, the spouse may be refused admission only if the spouse does not meet the association’s membership conditions and it is reasonable to require the spouse to meet such conditions. The same applies when a housing cooperative right to a residential apartment has been transferred to another close relative who permanently cohabited with the co-op owner.

With regard to acquisition of a share in a housing cooperative right, the first and third paragraphs apply only if, after the acquisition, the housing cooperative right is held by spouses or, if it concerns a residential apartment, by such cohabitants to whom the Cohabitees Act (2003:376) applies.

A transfer is invalid if the person to whom a housing cooperative right has been transferred is refused membership in the housing cooperative association. If the acquisition occurred at an enforcement sale or compulsory sale under Chapter 8 of the Housing Cooperative Act and the acquirer in such case has not been admitted as a member, the association shall redeem the housing cooperative right for reasonable compensation, except in cases where a legal entity under §9 above may exercise the housing cooperative right without being a member.

§11 If a housing cooperative right has been transferred through division of marital property, inheritance, will, company distribution, or similar acquisition and the acquirer has not been admitted as a member, the association may instruct the holder to show, within six months from the instruction, that someone who may not be refused admission to the association has acquired the housing cooperative right and applied for membership. If the time stated in the instruction is not complied with, the housing cooperative right may be compulsorily sold under Chapter 8 of the Housing Cooperative Act on behalf of the acquirer.

 

RENUNCIATION OF A HOUSING COOPERATIVE RIGHT

 

§12 A co-op owner may renounce the housing cooperative right no earlier than two years after the grant. Renunciation shall be made in writing to the board.

Upon renunciation, the housing cooperative right transfers to the association at the month-end that occurs closest after three months from the renunciation, or at the later month-end stated in the renunciation.

 

THE CO-OP OWNER’S RIGHTS AND OBLIGATIONS

§13 The co-op owner shall, at their own expense, keep the apartment in good condition. This also applies to any land area, patio, storage unit, garage, or other apartment-related ancillary space included in the grant. The co-op owner is also obliged to follow the instructions issued by the board. All measures that the co-op owner carries out, or has carried out, in the apartment must be performed in a professional, workmanlike manner.

 

The co-op owner

1. The co-op owner is responsible, among other things, for the following within the apartment:

a) Surface finishes on the room walls, floors, and ceilings, and the underlying preparation required to apply the finishes in a professional manner. The co-op owner is also responsible for the waterproofing layer.

b) Non-load-bearing internal walls.

c) Glass and frames in the apartment’s exterior and interior windows, including muntins, blinds, fittings, hinges, handles, window espagnolette/locking mechanism, opening device, ventilation filter, and sealing strips, as well as all painting, including between window sashes. The same applies to balcony or patio doors and the associated threshold.

d) Replacement of the apartment entrance door and all associated fittings, hinges, glass, muntins, handle, doorbell, mail slot, and lock including keys; the co-op owner is also responsible for all painting, except painting of the outside of the entrance door.

e) Interior doors and security gate/grille.

f) Skirting boards, trim/casings, and stucco/moldings.

g) Fixtures and equipment such as kitchen and bathroom fittings, household appliances such as refrigerator, freezer, stove/oven, dishwasher, washing machine, tumble dryer, and similar, as well as sanitary ware including bathtub, shower cabin, and similar.

h) Pipes/cables and other installations for water, drainage, gas, electricity, and information transfer (data/telecom), to the extent they are located inside the apartment and do not serve more than one apartment.

i) Connection and distribution fittings on water pipes, including shut-off valve and water fixtures (e.g., tap, mixer, shower arrangement), including gaskets; floor drain including clamping ring, to the extent accessible from the apartment.

j) Cleaning/clearing of the floor drain, water trap, and pipes, to the extent the pipes are located inside the apartment and do not serve more than one apartment.

k) Electric radiator; regarding a water-filled radiator, the co-op owner is responsible only for painting the radiator and heating pipes.

l) Electric underfloor heating and electric towel dryer; fuse box and outgoing electrical wiring in the apartment; switches, residual-current device (RCD), electrical outlets, and fixed light fittings.

m) Kitchen fan with hood, if the fan is not part of the building’s ventilation system. The co-op owner is always responsible for the hood’s light fitting and switch, as well as cleaning and replacing filters.

n) Smoke detector.

o) The owner’s own installations, unless otherwise stated in these bylaws.

2. If the apartment has a balcony or roof terrace, the co-op owner is responsible for cleaning and snow removal and for ensuring that rainwater drainage is not obstructed. The co-op owner may not, without the board’s permission, install a surface finish other than the original one.
3. If the co-op owner neglects their responsibility for the apartment’s condition under this §to such an extent that another person’s safety is endangered or there is a risk of extensive damage to another person’s property, and—after being instructed—does not remedy the deficiency as soon as possible, the association may remedy the deficiency at the co-op owner’s expense.
4. The co-op owner is responsible for repairs due to fire or water-pipe damage only if the damage has arisen through:

a) his or her own carelessness or negligence; or

b) carelessness or negligence of:

– someone belonging to his or her household or visiting as a guest,

– someone else whom he or she has accommodated in the apartment, or

– someone who performs work in the apartment on his or her behalf.

5. For repairs due to fire damage caused by carelessness or negligence by someone other than the co-op owner, the co-op owner is responsible only if he or she has failed to exercise due care or supervision.

If there are pests in the apartment, the two preceding paragraphs concerning fire or water-pipe damage apply as relevant.

6. The co-op owner should report to the association as soon as possible any faults or deficiencies in items that fall under the association’s responsibility.

 

The association

7. The association is responsible for the building/property and everything that the member is not responsible for, such as:

a) drainage, heating, electricity, and water lines, if the association has provided the apartment with these lines and they serve more than one apartment,

b) water-filled radiator (except painting), ventilation duct and ventilation terminal/vent,

c) with regard to electrical wiring, the association is responsible up to the apartment’s fuse box,

d) surface treatment/painting of the outside of the apartment entrance door and the externally visible parts of windows and balcony/patio doors,

e) water-based (hydronic) towel warmer,

f) ventilation duct and ventilation terminal/vent, and kitchen fan with hood if the fan is part of the building’s ventilation system.

8. The association may undertake to carry out maintenance measures that, according to the above, the co-op owner is responsible for. A decision on this, affecting the co-op owner’s apartment, shall be taken at a general meeting and may relate to measures carried out in connection with extensive maintenance work or rebuilding of the association’s building(s).

 

§14 The co-op owner shall take out home insurance and housing cooperative supplementary insurance (bostadsrättstillägg)

  §15 The co-op owner may not, without the board’s permission, carry out measures in the apartment that involve:

1. work on a load-bearing structure,
2. alteration of existing pipes/lines for drainage, heating, ventilation, or water, or
3. any other material change to the apartment.

The board may not refuse permission for a measure referred to in the first paragraph unless the measure would cause significant damage or inconvenience to the association.

§16 When using the apartment, the co-op owner shall ensure that those living nearby are not subjected to disturbances that, to such an extent, may be harmful to health or otherwise worsen their living environment so that they should not reasonably have to tolerate them. The co-op owner shall also otherwise, in their use of the apartment, observe everything required to preserve health, order, and good condition within or outside the building. He or she shall comply with the association’s community guidelines issued by the association in accordance with local custom.

The co-op owner shall carefully supervise that these obligations are also fulfilled by those for whom he or she is responsible under §13, item 4(b).

If disturbances of the kind referred to in the first paragraph (first sentence) occur, the association shall:

1. instruct the co-op owner to ensure that the disturbances cease immediately; and
2. if it concerns a residential apartment, notify the social services committee in the municipality where the apartment is located about the disturbances.

The second paragraph does not apply if the association terminates the co-op owner’s right of occupancy due to the disturbances being particularly serious in view of their nature or extent.

If the co-op owner knows or has reason to suspect that an object is infested with pests, it may not be brought into the apartment.

A representative of the housing cooperative association has the right to enter the apartment when needed for inspection or to carry out work for which the association is responsible or is entitled to carry out under §13. When the co-op owner has renounced the housing cooperative right under Chapter 4, §1 of the Housing Cooperative Act, or when the housing cooperative right is to be compulsorily sold under Chapter 8 of the Act, the co-op owner is obliged to allow the apartment to be shown at a suitable time. The association shall ensure that the co-op owner is not subjected to greater inconvenience than necessary.

If the co-op owner does not grant access to the apartment when the association is entitled to it, the Swedish Enforcement Authority (Kronofogden) may, upon application, decide on special assistance (summary enforcement). Provisions on such assistance are set out in the Act (1990:746) on payment orders and assistance.

 

§18 A co-op owner may sublet the apartment to another person for independent use only if the board gives its consent. The co-op owner must submit an application to the board no later than 30 days before the intended start of the subletting. The consent shall be time-limited. If the board does not consent to a subletting, the co-op owner may still sublet the apartment if the Rent Tribunal (Hyresnämnden) grants permission. Permission shall be granted if the co-op owner has valid reasons for the subletting and the association has no justified reason to refuse consent. The permission shall be limited to a specific period and may be subject to conditions.

Consent is not required, however:

1. if a housing cooperative right has been acquired at an enforcement sale or compulsory sale under Chapter 8 of the Housing Cooperative Act by a legal entity that had a pledge in the housing cooperative right and that has not been admitted as a member of the association; or
2. if the apartment is intended for permanent residence and the housing cooperative right to the apartment is held by a municipality or a county council/region.

The board shall be notified immediately of a subletting under the third paragraph.

 

§19 The co-op owner may not use the apartment for any purpose other than the intended one. The association may invoke a deviation only if it is of substantial significance to the association or another member of the association.

 

§20 The co-op owner may not accommodate outside persons in the apartment if this may cause detriment to the association or another member of the association.

FORFEITURE OF THE HOUSING COOPERATIVE RIGHT

 

§21 The right of occupancy to an apartment held under a housing cooperative right and already taken into possession is forfeited, and the association is therefore entitled to terminate the co-op owner’s right and require them to move out:

1. if the co-op owner delays payment of the capital contribution or any initial grant fee by more than two weeks after the association, following the due date, has demanded that he or she fulfill the payment obligation,
2. if the co-op owner delays payment of the annual fee or a fee for subletting—when it concerns a residential apartment—by more than one week after the due date, or—when it concerns commercial premises—by more than two working days after the due date,
3. if the co-op owner sublets the apartment without the necessary consent or permission,
4. if the apartment is used in violation of Sections 19 or 20,
5. if the co-op owner, or the person to whom the apartment has been sublet, through carelessness is to blame for the presence of pests in the apartment, or if the co-op owner, by failing without unreasonable delay to notify the board that pests are present in the apartment, contributes to pests spreading in the building,
6. if the apartment is otherwise neglected/mistreated, or if the co-op owner breaches his or her obligations under §16 when using the apartment, or if the person to whom the apartment has been sublet breaches the obligations that, under the same section, apply to a co-op owner,
7. if the co-op owner does not grant access to the apartment under §17 and cannot show a valid excuse for this,
8. if the co-op owner does not fulfill an obligation that goes beyond what he or she must do under the Housing Cooperative Act and it must be regarded as of particular importance to the association that the obligation is fulfilled, and
9. if the apartment is used wholly or to a substantial extent for business activity or similar activity that constitutes, or in which criminal conduct forms a not insignificant part, or for temporary sexual relations in return for payment.

The right of occupancy is not forfeited if what is attributable to the co-op owner is of minor significance. In the assessment, particular consideration shall be given to whether what is attributable to the co-op owner is based on the fact that a close relative or former close relative has subjected the co-op owner or someone in the co-op owner’s household to a crime.

Termination on grounds referred to in the first paragraph items 3, 4, or 6–8 may occur if the co-op owner, after being instructed, fails to remedy the matter without delay.

However, termination on grounds referred to in the first paragraph item 3 may not occur—if it concerns a residential apartment—if the co-op owner without delay applies for permission for the subletting and the application is granted.

In the case of particularly serious disturbances in the housing, what is stated in the first paragraph item 6 applies even if no instruction to remedy has been given. This does not apply, however, if the disturbances occurred during a period when the apartment was sublet in the manner stated in §18.

If the association terminates the co-op owner’s right and requires them to move out, the association is entitled to compensation for damages.

FINANCIAL YEAR

§22 The association’s financial year covers the period from 1 January to 31 December.

 

BOARD OF DIRECTORS

 

§23 The board shall consist of at least three and no more than seven members, who are elected by the association at the ordinary general meeting for a term of no more than two years.

§24 The board shall appoint its own officers.

The board has a quorum when the number of members present at a meeting exceeds half of all board members. The board’s decision shall be the opinion supported by more than half of those present, or, in the event of a tie, the opinion supported by the chairperson. If only the minimum number of members required for a quorum is present, unanimity is required for decisions.

§25 The association’s company name is signed, in addition to by the board, by two board members jointly.

Without authorization from the general meeting, neither the board nor an authorized signatory may dispose of or mortgage such property or leasehold rights. Rules regarding changes to an apartment are set out in §15.

§27 It is the board’s responsibility, among other things, to:

• provide an account of the management of the association’s affairs by submitting an annual report, which shall include a report on the year’s activities (management report) as well as an account of the association’s income and costs for the year (income statement) and the financial position at the end of the financial year (balance sheet);
• 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, provide the auditors with the annual report for the past financial year;
• no later than two weeks before the ordinary general meeting, make the annual report and the auditors’ report available; and
• keep minutes of all meetings. The minutes shall be kept in numerical order, signed by the chairperson and one additional board member appointed by the board, and stored securely.

 

MEMBER AND APARTMENT REGISTER

 

§28 The board shall keep a register of the association’s members (member register) and a register of the apartments granted under housing cooperative rights (apartment register). A co-op owner is entitled, upon request, to receive an extract from the apartment register relating to their apartment.

 

AUDITORS

 

§29 At least one and no more than two auditors, and none or no more than two deputy auditors, shall be elected by the ordinary general meeting to serve until the next ordinary general meeting has been held. A registered audit firm may also be appointed as auditor; no deputy auditor is appointed for such an auditor.

The auditor’s duties include:

• auditing the association’s accounts and administration; and
• presenting an auditors’ report no later than three weeks before the ordinary general meeting.

 

GENERAL MEETING

 

§30 The ordinary general meeting shall be held once per year before the end of May.

An extraordinary general meeting shall be held when the board finds reason to do so. An extraordinary general meeting shall also be held when the auditor or at least one tenth of all voting members request it in writing to the board, stating the matter(s) to be addressed.

Notice of a general meeting may be issued no earlier than six weeks and no later than two weeks before the meeting, for both ordinary and extraordinary meetings.

Notice of the general meeting and other communications to members shall be delivered to members by distribution or by letter post. A member who does not live in the building shall be notified in writing at the stated address or another postal address known to the board.

The notice shall clearly state the matters to be dealt with at the meeting. If the meeting is to decide on an amendment to the bylaws, the amendment shall be stated in the notice or the proposed bylaws shall be attached.

A member who wishes to have a matter addressed at the meeting shall submit a written request to the board no later than 1 February, or a later date announced by the board.

 

§32 At the ordinary general meeting, the following shall be addressed:

1. Opening of the meeting.
2. Election of chairperson of the meeting.
3. Approval of the agenda.
4. Notification of the meeting chairperson’s choice of minute-taker.
5. Election of two persons to verify the minutes and act as vote counters.
6. Determination of whether the meeting has been duly convened.
7. Establishment of the voting register.
8. Presentation of the board’s annual report.
9. Presentation of the auditor’s report.
10. Resolution on adoption of the income statement and balance sheet.
11. Resolution on appropriation of profit/loss.
12. Resolution on discharge from liability for board members.
13. Resolution on remuneration to board members and auditors for the next operating year.
14. Election of board members and deputies.
15. Election of auditors and deputy auditors.
16. Appointment of a nomination committee.
17. Matters included by the board in the notice for decision, or submitted by a member under §31.
18. Closing of the meeting.

At an extraordinary general meeting, in addition to items 1–7 and 18 above, only the matters for which the meeting was convened and which are stated in the notice may be addressed.

§33 No later than three weeks after the meeting, the signed minutes shall be made available to members at the association.

§34 At the general meeting, each member has one vote. If several members jointly hold a housing cooperative right, they together have only one vote. If a member holds more than one housing cooperative right in the association, the member still has only one vote. Only a member who has fulfilled their financial obligations to the association is entitled to vote.

A member may exercise their voting right by proxy, who must be either a member of the association, a spouse, or a cohabiting partner. The proxy must have a written, signed, and dated power of attorney. A proxy may not represent more than one member.

A member may bring an assistant to the general meeting if the assistant is a spouse, cohabiting partner, or another member of the housing cooperative association.

 

The general meeting may decide that a non-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 voting members present at the meeting.

Voting in elections at the general meeting is open unless a voting member present requests a secret ballot. In the event of a tie, elections are decided by drawing lots; in other matters, the opinion supported by the meeting chairperson applies.

Cases—among others amendments to these bylaws—where a special majority is required for a valid decision are governed by Chapter 9 of the Housing Cooperative Act.

 

MAINTENANCE PLAN AND FUND

 

§35 The board shall prepare a maintenance plan for carrying out maintenance of the association’s property and shall budget annually and, by deciding the level of the annual fees, ensure that necessary funds are secured to safeguard maintenance of the association’s property.

An amount shall be set aside annually to the external maintenance fund in accordance with the adopted maintenance plan. The annual allocation to the external maintenance fund may not be less than an amount corresponding to 0.3% of the property’s tax assessment value. Any surplus that may arise in the association’s operations shall be allocated to a contingency/disposition fund or otherwise disposed of in accordance with the general meeting’s decision.

PROFIT

§36 If the general meeting decides that any profit is to be distributed, the profit shall be distributed among the members in proportion to the capital contributions for the apartments.

DISSOLUTION AND LIQUIDATION

 

§37 If the association is dissolved, any remaining assets shall accrue to the members in proportion to the apartments’ capital contributions.

MISCELLANEOUS

 

§38 In addition to these bylaws, the association’s operations are governed by the Housing Cooperative Act, the Act on Economic Associations, and other applicable legislation.