common rules in row house

Van · Post by **Van** » Sat May 10, 2014 12:29 am

Half year ago we moved to an area of just- built row houses. Recently, in the yearly meeting, the housing association board of directors (taloyhtiön hallitus) has decided that it is not allowed to grow trees that is higher than 100cm in own backyard, like cherry or apple trees.
I myself found it shocking and unreasonable. Is it also the same in your housing association? Is there any laws regarding what the taloyhtiön hallitus can and cannot decide. I am under the pression that our housing association board of directors wants to get involved and presents their power in every matter even the smallest one.

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betelgeuse · Post by **betelgeuse** » Sat May 10, 2014 3:37 am

Van wrote:Half year ago we moved to an area of just- built row houses. Recently, in the yearly meeting, the housing association board of directors (taloyhtiön hallitus) has decided that it is not allowed to grow trees that is higher than 100cm in own backyard, like cherry or apple trees.

A better English term for taloyhtiö is limited liability housing company. It's not an association (a different type of legal entity).

So was this decision done by the shareholder meeting which happens yearly or by the board (the board meets multiple times a year)?

Do the articles of association give you the right to control the backyard or is company controlled area that you just consider yours?

Van · Post by **Van** » Sat May 10, 2014 12:04 pm

Hi,

Thank you for your reply and suggestion of english term. in the recent yearly shareholder meeting, the rules of building terrace was presented and discussed. By discussing, I mean the board presented what size the terrace should be, what kind of colour, what should be included in application for permit, etc. One also asked why there should be very strict guidelines as such, and answer was same looking is a better look according to the board. There was nobody else against this. And then the board just added that trees higher than 100cm is not allowed to be planted in own backyard.

Do the articles of association give you the right to control the backyard or is company controlled area that you just consider yours?[/quote]

im not sure if i have the answer for this. Where can I find such information? We have responsibilities to take care of our backyard (snow, leaves, etc.), and we are allowed to build a terrace, to plant flowers. And in common, does the owner or the housing company have control over the backyard?

GermanInHelsinki · Post by **GermanInHelsinki** » Sat May 10, 2014 12:38 pm

The housing company is the owner of your backyard (and of your house).

betelgeuse · Post by **betelgeuse** » Sat May 10, 2014 1:33 pm

Van wrote: im not sure if i have the answer for this. Where can I find such information? We have responsibilities to take care of our backyard (snow, leaves, etc.), and we are allowed to build a terrace, to plant flowers. And in common, does the owner or the housing company have control over the backyard?

You usually get a copy of the articles of association when you buy the shares since reading them is important for the purchase. Otherwise if you have some online system in use for the company, it's probably there. Otherwise you need to ask it from the manager or buy it from the government for a couple euros:

http://virre.prh.fi

The default is that the company is responsible for everything outside the walls. Limited Liability Housing Companies Act Chapter 4 Sections 1-3:

http://www.finlex.fi/fi/laki/kaannokset ... 091599.pdf

betelgeuse · Post by **betelgeuse** » Sat May 10, 2014 1:45 pm

Van wrote:Hi,
Thank you for your reply and suggestion of english term. in the recent yearly shareholder meeting, the rules of building terrace was presented and discussed. By discussing, I mean the board presented what size the terrace should be, what kind of colour, what should be included in application for permit, etc. One also asked why there should be very strict guidelines as such, and answer was same looking is a better look according to the board. There was nobody else against this. And then the board just added that trees higher than 100cm is not allowed to be planted in own backyard.

In the meeting every shareholder had to opportunity to oppose the plan or suggest a modified version. If the person only asked a question and did not make a suggestion, then the meeting unanimously decided to approve the plan presented by the board. If anyone opposes or proposes, then there must a vote on the issue. The shareholder meeting is within it's rights to set strict guidelines for what happens in company controlled area. This is why it's important to know what the articles of association say because a simple majority decision does not suffice for limiting rights to shareholder controlled areas. Assuming the rules where decided in proper order according to the law and articles of association, then your best bet is to request a modification to the rules to be decided in the next yearly meeting.

Van · Post by **Van** » Sat May 10, 2014 9:51 pm

Thank you for your helpfulness. I will look up information in the link that you provided and our housing company articles.

Pursuivant · Post by **Pursuivant** » Sun May 11, 2014 8:31 pm

You do not live in a "house". You live in a "share" in a housing company. The share entitles you to occupy the space between the walls. Same as in a block of flats.

"Terraces" like in the UK do not exist that you can replace "your" roof and paint "your" door or change "your" windows... You don't live in a "house" and they are not "yours".

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