Apartment title is decisive
Full share payment, registration and property records determine the legal regime.
Construction changes the case
A developer cooperative may fall under special participant-protection rules.
Management must continue
Owners separately decide who will manage the completed building.
Which regime applies?
Housing Code Article 110 defines housing and housing-construction cooperatives and classifies them as consumer cooperatives. Review the charter, corporate register, land and construction permits, property register, completion stage and participant claims.
A cooperative managing a completed building ordinarily follows general corporate insolvency rules together with housing law. A housing-construction cooperative that raised funds as a developer may fall under Section 7 of the Bankruptcy Law, including Article 201.15-4.
Apartments, shares and common property
| Asset or right | General treatment | Evidence |
|---|---|---|
| Registered apartment | Not cooperative property | Property register extract and title |
| Premises after full share payment | Ownership arises by law | Payment certificate and allocation documents |
| Partly paid share | Membership and property relations remain | Accumulated share and unpaid balance |
| Unfinished building | Developer regime may apply | Participant register and court orders |
| Common building property | Owned by apartment owners | Composition and title records |
Full payment is critical: Housing Code Article 129 provides that a member acquires ownership of the allocated premises after paying the share in full. Missing registration should be addressed with the supporting documents.
Claims and management liability
A member may have a claim for a share refund, damages or transfer of premises. Classification and priority depend on the facts and on whether developer rules apply. The claim must be lodged through the court procedure.
Article 201.15-4 contains special liability grounds for board, audit body and executive members where their culpable, unreasonable or bad-faith conduct caused insolvency. It does not impose automatic liability on every member.
Building management
Owners must maintain common property and utility continuity even if the cooperative can no longer manage. A general meeting selects a management company, homeowners association or direct management where permitted. Billing periods and the lawful recipient must be verified.
Practical steps
- Obtain the charter, register extract and insolvency orders.
- Separate the completed building, unfinished construction and other assets.
- Check full share payment and title for every affected apartment.
- Classify and lodge the member claim on time.
- Hold an owner meeting on future building management.
- Record documents, money and property that must be transferred.
See consumer cooperative bankruptcy, HOA bankruptcy and management company insolvency.
Frequently asked questions
Can the administrator sell my apartment?
Not if you own it. The title and absence of a competing cooperative right must be documented.
What if the share is paid but title is not registered?
Collect the full-payment certificate, allocation documents and property evidence; the remedy depends on the facts.
Are all members liable for cooperative debts?
No. Additional contributions, the charter and specific management-liability grounds must be examined.
Where is an unfinished-apartment claim lodged?
If developer insolvency rules apply, it follows the special participant procedure.
Who manages the completed building?
Owners select the management method, subject to Housing Code fallback mechanisms.
Official sources
Cooperative failed to perform?
We can assess the apartment, share, construction stage and claim without promising a predetermined result.
Initial consultation