Rules, statutes & request
Now, onto the main point of this letter, and it’s written with a firm tone.
Unfortunately, there are far too many incidents in this area. Everything from littering, vandalism, illegal subletting, conducting business in private residences, and more. Here, we will go through what applies and how it will be handled in the future.
You have a responsibility
Those of you living in this area (both condominium owners and tenants) have an obligation to follow the statutes and rules that exist. You agreed to these statutes and rules from the day you moved in. This also applies to your children. Parents are always responsible for their children’s actions, whether you have witnessed what they did or not.
We, as the board, would rather spend our time, and the association’s money (!!!), on developing this area rather than ordering cleanups, picking up trash, and replacing yet another entry phone because someone’s child thought it was fun to smash it with a stone.
You also have a duty to report if you see something that is broken or not working. FSS (Föreningens Service Samfällighet) is always the first point of contact for questions about the property. This includes issues such as malfunctioning washing machines, broken lights in the entrance, ventilation, etc. Elevators are an exception, but there is contact information in each elevator. For other matters, it’s better to email the board if you want to report something; please do not post on Facebook as we do not monitor this channel.
Condominium owners also have a responsibility to take care of their apartments. You are responsible for paying and ordering work related to electrical issues, dishwasher installation, a broken door, etc. The association only has responsibility when it comes to major damages, such as a plumbing leak. Tenants have different circumstances.
Stricter in the future
Because a significant amount of money is being spent on cleaning up destruction, and several residents are being disturbed and terrorized by their neighbors, we, as the board, will be stricter in the future. We do not want to continue paying for repairs and cleaning year after year. It is a waste of the association’s funds, and several residents in the area do not feel well due to their neighbors.
Of course, this does not mean that we will evict people without due process who have misbehaved. There is a legal process to follow, and we will adhere to it meticulously. However, we will also be prepared to take the process further and not just issue multiple warnings that some people seem to disregard.
What is a warning?
A warning is a written letter from the board informing the resident that their behavior/actions are disruptive or illegal, and the resident now has an opportunity to correct it, in other words, to stop the behavior.
Do not think that you can accumulate a number of warnings before something happens. It can be sufficient to seriously misbehave once, and this provides grounds for eviction. Serious behaviors include threats to neighbors who have reported the disturbance, arson, severe destruction, etc.
A resident has called the disturbance service several times because a neighbor plays loud music late at night and does so frequently. The board receives information from the resident and the disturbance service that there is a resident misbehaving. The board can now send a warning to the disruptive neighbor, stating:
Your behavior is disturbing to your neighbors.
You now have the opportunity to improve your behavior.
If you do not, there may be serious consequences, as your behavior does not comply with the statutes and rules of the association.
It is revealed that a resident has sublet their apartment without the board’s knowledge. A warning is issued to give the resident a chance to go through the subletting process correctly. If the resident does not do this within a certain time frame, the case will be escalated, and there is a risk of the resident losing their apartment.
To quote domstol.se (Swedish Courts):
If you, as a condominium owner, seriously misbehave, your condominium right can be forfeited, meaning you lose your condominium right. A condominium right can be forfeited if you:
- Do not pay the deposit, assignment fee, or annual fee.
- Sublet the apartment without the association’s permission.
- Disturb your neighbors.
- Neglect your apartment.
- Refuse the association access to the apartment.
- Or otherwise violate what you have agreed with the condominium association or are required to do by law.
The various reasons that can lead to forfeiture are listed in Chapter 7, Section 18 of the Condominium Act.
With a simple Google search, you can find several lawyer websites and legal cases that explain what gives the association the right to evict someone and how the process works. And it all begins with sending a proper warning.
A Proper Warning
For us to be able to send a proper warning, we also need evidence, in the form of photos or reports from, for example, the police or the disturbance service. This is where you, the residents, need to be clear and show if your neighbors have misbehaved. Unfortunately, it becomes a case of ”who said/did what” if you cannot substantiate your case. The board will also regularly patrol the area, take photos, and make notes if a resident has committed an offense.
The warning will state what the resident has done wrong, how it violates the association’s statutes/rules, when it was discovered, and how much time the resident has to rectify it. Photos and evidence will be attached.
If the resident does not comply with the warning, we will escalate the process. Depending on the case, the process looks different, but the result we want to achieve is a pleasant living environment.
Rules & Statutes
If you are wondering what applies in the association, you can read our statutes and rules. The statutes can be found on the website, and the rules are posted on all bulletin boards in the entrances. We recommend that you go through these again.
Use of Space & Vegetation
One thing we have noticed in the area is that several residents do not seem to know what applies to outdoor spaces, balconies, and green areas. Here, we will go through what applies and what can also lead to a warning if you do not rectify it promptly.
Almost every household has a balcony or outdoor space. However, it does not mean that you have the right to do whatever you want with this space. You have a so-called ”right of use” for your balcony/outdoor space, which means you can use it, but there are still rules and guidelines to follow.
Some rules and guidelines:
- You are not allowed to drill into the balcony floor to attach decking; it should be loose and removable.
- You are not allowed to oil or paint your outdoor space. The cost to the association for restoring this will be billed to the resident.
- All vegetation must be kept in pots/containers on your outdoor space/balcony. It is not allowed to hang flower boxes outside the railing or drill holders in walls or ceilings. The same applies to outdoor spaces.
- It is also not allowed to plant on the association’s property. This means you do not have the right to plant shrubs, set up raised beds, or similar without permission. All planting that the association needs to remove will be billed to you as a resident.
- Plants grown in pots/containers are not allowed to climb the facade.
- It is not allowed to build a fence for dogs or tether your dog to a green area, even if it is adjacent to your outdoor space. All land belongs to the association, and you do not have the right to use it as a garden for your dog.
- You do not have the right to build freely on or near your outdoor space. Decking and stones placed on the lawn near your outdoor space must be removed; otherwise, you will be billed for restoration.
Since the green areas around the low-rise buildings have been part of the Nya Flygaren project, we have seen that several residents have taken possession of these areas. But, as we mentioned on page 2, the right of use has not been established, which means that there is no written agreement between the association and the resident explaining what the resident has the right to do on the green area.
However, until it is determined, all green areas are part of the association’s property, not your own, so treat them as such. We will return to this issue.
If You Are Disturbed by Your Neighbor or Witness Illegal Activity
First, talk to your neighbor about how their behavior is disturbing. If that does not help, contact the disturbance service if it concerns noisy sounds, or contact the board for other matters. The more paper trails we have regarding what is disturbing and what it concerns, the easier it is to send a proper warning to the person.
Also, take photos/videos if needed for evidence. In cases of vandalism, it is good to have evidence for making a police report.
For Illegal Activity:
If you see someone doing something illegal, contact the police first if it is something serious; otherwise, contact the board for a minor offense. Many may not know that actions like littering and leaving dog waste are illegal and can result in fines. Here is a list of some of the many illegal activities, and some of them can provide grounds for eviction.
- Subletting an apartment without the board’s knowledge.
- Running a business from your residence. Working from home is okay if you are employed by a company, but not, for example, operating a hair salon or providing massages from your home.
- Littering, both general litter and leaving dog waste.
- Buying/selling and using drugs.
- Destruction of the association’s property, such as graffiti, damaging entry phones, lights, etc.
There are many more examples, but you would spend the whole evening reading this letter if we listed them all.