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A co-operative housebuilding society, also a building society or a housing cooperative, is a cooperative with the goal of supplying their members with low-priced dwelling.
The housing situation end 19. Century was desolate. In particular in the rapidly growing cities the dwellings were too expensively, overcrowded and hygenically insufficient by Untervermietung. The first self-help-supported cooperatives did not survive the economic crisis of 1874 because of their capital weakness. In the cities epidemic diseases threatened and social unrests.
Concerning the law the establishment of cooperatives with adhesion limited liability made the restaurant and co-operative societies of 1889, briefly, for Genossenschaftsgesetz possible. The disablement and old-age pension legislation of 1889 further conditions for the success of the building societies created at the same time, because it accompanied with the assignment of long-term and interest-favorable credits of the insurance offices to the non-profit housing industry.
In Germany it gives today over 2.000 building societies. These administer over two million dwellings and have more than three million members. However in Berlin of over 80 co-operative housebuilding societies more than 180,000 dwellings are administered, i.e. over ten per cent of the entire housing stock of this city.
The housing stock of the cooperatives came at the same time meanwhile into the years. The maintenance and modernization need grow; the national promotions become at the same time smaller. The pressure on the cooperatives for economic acting leads to the change of the self understanding to see and lead the cooperative more than economical enterprise. Connected with it the pressure becomes larger on a long-term basis on the genossenschaftlichen housing users to understand itself no longer only alone than Genossenschafter to notice but also their rights than tenants.
A cooperative dwelling nearly always marks one of a non-profit builder (non-profit building combination, co-operative housebuilding society) established renting or free-hold flat, those by public hand (in Austria: Countries one promotes). This generally linguistic usage usual designation, is not correct however, because with it only the dwelling offered by genossenschaftlich organized non-profit builders would actually be meant. Therefore a dwelling of a non-profit builder arising in other legal form might not be designated than "cooperative dwelling". The legally correct name for such dwellings would have dwellings, which were established by non-profit building combinations in the own name/become and in rent (and/or for use) at tenants (and/or authorized users) will leave. read.
In Austria cooperative dwellings characterize themselves legally by the application of the WGG (non-profit-making housing law) as well as following a regional law housing promotion regulations, which from the Inaspruchnahme of public promotions (countries) resulted.
Although the term suggests housing cooperative that it concerns a cooperative, generally linguistic usage becomes the term also for housing companies with limited liability (GesmbH) and/or housing corporations (AG) uses. (see "§ 1 Abs 1 and "§ 39 Abs 7 WGG).
The differences between "genuine" non-profit housing cooperatives and non-profit building combinations of other legals form exist in participation and in the assignment. Usually one must become in such cases, before one can become authorized users of a cooperative dwelling (corresponds to the term of the tenant), member of the cooperative and buy a cooperative portion. From it also special rights and obligations result as Genossenschaftler.
The largest part of the dwellings built in Austria of non-profit builders, with means of the housing promotion were established, which is regulated on regional level by promotion laws and - guidelines. These legal regulations must be considered with the letting of the promoted dwellings, as for example the revenue limits, promotion height, the repayment promotion-lean and special notice possibilities.
For the applicability of the WGG regarding the rental law which can be used it is crucial that a non-profit building combination bought the dwelling built (even if it were sold in the meantime to a private builder) and/or for the purpose of the reorganization to the larger extent (since 1 September 1999 existing special arrangement). If a non-profit building combination rents the dwelling only, it did not build however, is the rental law law (MRG) to be used. This is in particular of great importance regarding the rent formation and some priority regulations of the WGG. Since the WGG regulates not all rent-legal refinement, the MRG is to be used
Although the conditions are differently regulated in the respective Landesgesetzen, some uniform conditions for cooperative dwellings apply.
Germany
Austria
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