How a choice of the legal form of garages affects on sale and management of them

The legislator gave to the building constructor the possibility to choose a legal form of garage in condominium. This decision brings important consequences for a potential buyer of garage. It refers to selling this garage separately and the manner of management of it. The main subject of this article is the presentation of varies legal forms of a garage under the Polish law and legal consequences, which are connected with the choice each of these form. The main goal of this paper is pointing out the differences in management of garages because of their forms. A specific goal is an explanation, which form of garage may be managed by the community of owners, but which of them, shall be managed by owners themselves. In last section of this paper, there is a legal analysis of the case-law. One of judgment state that a housing community may “take over” management of a garage, which is an separate premises co-owned only by some owners of residential premises. It is contentious, so in last point of this paper is explained, why a housing community cannot “take over” management of a such garage.