CONSTITUTIONAL BASES FOR FUNCTIONING OF HOUSING ASSOCIATIONS

The theme of the article is a search for all constitutional full powers that make it possible to consider housing associations as the value protected by the constitution. It is because associations do not have a direct, explicitly expressed anchoring in the constitution. In such a situation the problem of associations and, broadly speaking, co-operative movement may be considered in the light of the general constitutional regulation related to the freedom of association first presented in art. 12 and, secondly, in art. 58 of the Constitution. Beside art. 12 and art. 58 of the principal act, the constitutional basis for establishment, operation and protection of associations as a special form of “voluntary association” is the standard in art. 75 passage 1 of the Constitution. According to it, public authorities have the obligation to run the politics favouring the fulfilment of housing needs of citizens and to support the activities of citizens aiming at obtaining their own apartment. There is no doubt that one of the main activities meeting halfway the duty specified in the provision of art. 75 passage 1 is the establishment of housing associations, whose principal aim - specified in art. 1 of the act on housing associations - is 'the fulfilment of housing needs' of their members. And it is obvious that the task specified in art. 75 passage 1 of the Constitution should also be executed, probably most of all, by means of the statutory establishment of legal institutions, making it possible for physical entities to undertake collective (and individual) activities aiming at building for oneself and one's family a house or apartment in a multi-family building in order to fulfil housing needs by means of using a given house or apartment. It means that associations, whose aim is the fulfilment of housing needs of members and their families have their own, special legal status, resulting from the Constitution related to their role in the execution of the state's duties specified explicite in art. 75 passage 1 of the principal act. As a result, the housing association as one form of voluntary association has not only the general constitutional legitimacy to act, set forth in art. 12 of the Constitution, being additionally a guarantee of the constitutional right to associate provided for in art. 58, but, most of all, has the constitutionally specified aim, which is the execution of tasks in the area of fulfilment of housing needs of citizens.to be completed