RESPONSIBILITY / LIABILITY DIVISION
The Housing Companies Act from 2010 regulates the limits of the responsibility/liability for maintenance between the housing company and its shareholder (1)
Pursuant to maintenance responsibility, the Housing Company must:
- maintain the structures and insulation on the apartments in good condition; be responsible for the maintenance of heating, electric, data transfer, gas, water, sewage, ventilation and other such basic systems.
- repair those interior components, which get damaged due to a fault in a structure or other building included in the housing company's maintenance responsibility or due to repairing it;
- be responsible for such installation made or commissioned by a shareholder, which may be equated with an installation performed by or under the responsibility of the housing company, if the housing company has been able to supervise the work done in the apartment as stipulated in the Limited Liability Housing Company Act;
- be responsible for the exterior surface of the building also on the balcony.(2)
The Articles of Association of the Housing Company may set responsibilities/liabilities differently. The Articles of Association
provisions shall be obeyed. The division presented in the table below is for informational purposes only. The law and The Articles of Association of the Housing Company shall be taken into account in each concrete case.
Responsibilities of the shareholder, Pursuant to the maintenance responsibility, the shareholder must:
- maintain the interiors of his/her apartment in good condition; maintain his/her apartment diligently and perform the maintenance so that the components of the property, building or apartment for which the housing company is responsible do not get broken;
- be responsible for the equipment and apparatuses, surface materials, cupboards and furniture inside the apartment regardless of whether or not they are fixed to the structures.
The shareholder is not responsible for ordinary wear resulting from appropriate use of the facilities. However, the shareholder is liable to indemnify, if he/she has caused damage to the apartment due to his/her negligence or intentionally.(2)
The distribution of responsibility/liability is based on the Housing Companies Act and it has been established in co-operation by the lawyers and engineers of the Finnish Real Estate Federation and Kiinteistöliitto Uusimaa.(3)