However, severance pay can be seen as part of the joint costs.
The spring is time for cleaning in the garden, and it is time for diligence, be it in the housing team, the housing association or kindergarten. And this year, it may seem like an early start, among other things, shrubs should be cut already now. However, not everyone is looking forward to the diligence. “Norway is founded on diligent spirit and when you make up your mind in kindergarten, at SFO, for football team, for the corps, in the housing team, etc.. , then you get so sad that sometimes you just can not get it. Sorry mac, but it’s just that, “writes a member of the forum Barnimagen.
Others, however, consider it quite natural to participate. “Yes, I’m involved, one of us two adults in the world always poses. Whether it’s a school, kindergarten or housing company, “writes a member of the forum for the Women’s Guide.
What goes on in the discussions is the use of social security fees and whether it is a dutyful attendance.
The law does not allow you to participate
Many residential communities have statutory payment of social security contributions, such as Hoffsparken Boligsameie: “All unit holders in Hoffsparken Boligsameie will be deducted for a subscription fee of SEK 50 per. month from 01. 01. 2011. The fee will be repaid by 300. – for attendance for the benefit of the spring party, the same sum will be refunded if you also meet up to the end of the autumn, totaling 600. – per year “, they write on their web pages.
But both duty of compulsion and tax is a discusable practice.
– What can be unequivocally confirmed is that one can not be ordered to participate in a diligence, says Legal Director at OBOS, Terje Sjøvold, to click. no.
– Firstly, it will be inappropriate, simply because not everyone has the physical opportunity to participate. Secondly, there is also no legal basis that provides grounds for imposing participation.
On the other hand, he thinks it is different in terms of social security costs. The EMDC’s interpretation is that a union or a housing company can claim a contribution from those who do not participate.
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Borettslag was originally built on solidarity, but in terms of virtues, everybody can do as he or she wants. There are no provisions that may impose diligence.
“The Board may not order the Shareholders to perform any maintenance work on a proper basis, nor may they charge or discard any non-participating. The Housing Act does not entitle you to claim other expenses paid by unit owners than joint costs, “writes Jusstorget on its pages.
This is also being explored by the Homeowners’ Association (HL). “For the housing communities, section 23 of the Ownership Section Act states that a co-owner is obliged to pay his share of joint expenses, but he can not be required to perform work. It will violate his status as an owner, as stated in sections 19 and 22 of the Act “, they write on their web pages.
However, the dismissal can have financial consequences for the individual, even those who put up on the diligence.
“The board may not order the Shareholders to perform any maintenance work for the sake of goodwill, nor may they charge fees or expense those who do not participate.. The Housing Act does not entitle you to claim other expenses paid by unit owners than joint costs, “emphasizes Jusstorget, and further elaborates:” If the shareholders do not make up for it, the housing team must hire labor to carry out the work required to fulfill the maintenance responsibility. These expenses may be transferred by the Board to the Shareholders in the form of increased joint costs “.
EMDC, however, has a different interpretation of the situation.
– We are aware that there have been discussions about the severance pay, but our opinion is that, through a diligence, savings are made in relation to the joint venture or housing association’s joint costs and that this allows such payment, Sjøvold expands..
– So, if the cost of social security, in the form of payment from those who do not participate, helps to save community costs, we do not see it illegal.. Subsistence money will then be linked to joint costs.
However, seaweed is clear that the severance pay must be in proportion to the work to be carried out.
– An amount on some dog tags will be reasonable.
Must be performed without special competence
The same interpretation also has the Home Owners Association (HL).
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– We believe there is a legal basis for demanding that you pay for what would alternatively cost others to do the work, “says Anders Leisner, Head of Legal Department, Clicks.. no.
– It is possible to set up a calculation with the cost of getting it done and then dividing the number of residents. The piece price you receive will be guiding for what it will cost to not participate or waive from the virtue.
The prerequisite for setting such a price is that it is realistic. “That way, you ensure that those who pay are not charged with more than their share of what it actually costs to get the job done”, the Huseiernes Landsforbund writes on their web pages.
According to HL, the severance tax should be calculated as follows: “Common expenses should always be allocated according to a specific key. This also applies to the expenses of the work performed on a diligent basis. In many teams and unions it is common to impose all those who do not impose a “fine” on for example 500 kroner. The correct approach will be to determine a realistic price of the entire job, distribute it to residents according to the usual key and leave those who do not get paid “, they deepen.
Another premise is, according to Leisner, that it is a matter of simple work that the residents themselves can perform.
– Anything else will be if the work requires special expertise, then there is no basis for claiming a compulsory fee.
Refund for attendance
Another variation of virtue money is to reward those who participate in the diligence, and according to Jusstorget, there is a method the courts have accepted.
“The housing team can set the joint costs as high as necessary to carry out the maintenance work for the team. Then it can be invited to volunteerness. Shareholders who perform the workforce then receive a reduction in the joint costs that correspond to the work effort saving expenses for the housing team, they write.
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Sjøvold also sees this as an opportunity, but it will require more of the community or housing team.
– If you repay residents for the effort, then it’s fine. But it can very quickly become a crooked scheme, which requires extra administration.
At OBOS, they see all possible schemes in the housing companies.
– We find that someone practices free commissions, without orders for payment. Others, however, go in the opposite direction and pay a company to take the diligence.
The last is something Sjøvold looks more and more of.
A refund scheme as mentioned above may, according to Jusstorget, provide unnecessary additional work. The alternative is to make the virtue completely without obligations or payments, rather focus on the social elements of virtue.
“Volunteering is easier to manage for (boretts) and is beneficial to the social environment among those who participate. Residents become better acquainted with each other, and young and old can collaborate on a pleasant environment. This may increase understanding of taking care of the housing company’s property daily, “they point out.
This reverse focus, emphasizing the positive elements of a virtue, is a strategy shared by, among others, the communications director of OBOS, Åge Pettersen.
– Uses businesses to hide criminal actions
– My recommendation is that one way or another rewards participation, he says to click. no.
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