1. Can I appeal a decision made by the board of a Swedish housing association (bostadsrättsförening)?
Yes, certain decisions can be appealed to the Swedish Rent and Tenancy Tribunal (Hyresnämnden) or challenged in court.
2. What types of decisions can be appealed?
Typically, decisions regarding denial of membership, changes to the association’s bylaws, or general meeting decisions that violate the law or bylaws.
3. Can I appeal a normal board decision?
Not usually. Regular board decisions can’t be appealed but may be legally challenged if they are illegal or unfair.
4. What is the difference between a board decision and a general meeting decision?
The board handles day-to-day management. The general meeting decides on major issues like fees, budgets, and bylaws.
5. Can I appeal a decision just because I disagree with it?
No. You can only challenge it if it violates laws, the association’s bylaws, or accepted cooperative principles.
6. What is “accepted cooperative practice” (god föreningssed)?
It refers to fair, transparent, and law-abiding procedures in association governance.
7. What does the Rent and Tenancy Tribunal (Hyresnämnden) do?
It reviews specific disputes, such as denied membership or subletting refusals.
8. Is there a fee for taking a case to Hyresnämnden?
No. It is free of charge for private individuals in Sweden.
9. What are the deadlines for appeals?
For general meeting decisions: usually within 3 months. For denied membership: within 3 weeks.
10. How do I appeal to Hyresnämnden?
Submit a written request explaining the issue, attach supporting documents, and state why you believe the decision is wrong.
11. Can someone help me write to Hyresnämnden?
Yes, a lawyer or legal advisor can help you draft a clear and legally accurate appeal.
12. Can Hyresnämnden overturn a decision?
Yes, especially in membership denial cases. Other types of decisions may require court proceedings.
13. What happens if I miss the appeal deadline?
The decision stands, and you lose your right to have it reviewed.
14. Can a member sue the housing association in court?
Yes, if the member believes a decision is invalid or infringes on their rights.
15. What do I need to prove in court?
That the decision violates Swedish law or the association’s bylaws.
16. What is an invalid decision?
Examples include decisions made by the wrong body, without proper notice, or contrary to law.
17. Do I need to have attended the meeting to appeal a decision?
No, but you must be directly affected by the decision as a member.
18. Can I claim damages from the association?
Yes, if you have suffered economic loss due to an unlawful decision.
19. Can the board deny me the right to attend a meeting?
No. As a member, you always have the right to attend and vote at general meetings.
20. What if the board refuses to provide information?
Submit a formal written request. If they still refuse, you may escalate the matter legally.
21. Can members demand an extra general meeting?
Yes, if at least 10% of the members request it.
22. Can the bylaws be changed at any time?
No. Bylaw changes require a qualified majority and, in some cases, registration with the Swedish Companies Registration Office (Bolagsverket).
23. What is a qualified majority?
Usually, two-thirds of the votes cast at a general meeting.
24. Can the board change the monthly fee without approval?
No. Major fee changes should be approved at a general meeting according to the bylaws.
25. Can the board decide on major renovations without the meeting?
No. Substantial alterations usually require member approval at a general meeting.
26. What if the fee is changed without explanation?
You have the right to demand a written justification and seek legal advice if needed.
27. Must I comply with a decision I believe is wrong?
Yes—until the decision is overturned by a tribunal or court.
28. What is a minority action (minoritetstalan)?
When a small group of members legally challenges a decision, e.g., an unlawful general meeting resolution.
29. Who pays the legal costs in court?
The losing party may be required to pay both sides’ legal fees.
30. Can I receive legal aid?
Possibly—if your income is low, or through home insurance legal protection (rättsskydd).
31. Can I file an anonymous complaint?
Not in a legal proceeding. But you can report discrimination to the Equality Ombudsman (Diskrimineringsombudsmannen).
32. Do I have the right to see the board’s meeting minutes?
Not automatically. However, you are entitled to certain information relevant to your membership.
33. What if the board is mismanaging the association?
Members can call an extraordinary meeting, propose a new board, or request an independent review.
34. What is a special auditor (särskild granskare)?
A person appointed by Bolagsverket to investigate the board’s actions if misuse is suspected.
35. Can I get a copy of the bylaws?
Yes, as a member, you have the right to access them.
36. What if the meeting notice was incorrect?
Improper notices may invalidate decisions made at the meeting.
37. How long does a case take in Hyresnämnden?
Typically between 1 and 3 months.
38. What’s the difference between Hyresnämnden and district court (tingsrätt)?
Hyresnämnden handles housing-specific issues. Tingsrätten is a general civil court.
39. Can I appeal a decision from Hyresnämnden?
In some cases, yes. For example, to the Court of Appeal (Svea hovrätt).
40. Are oral hearings possible at Hyresnämnden?
Yes. Complex cases often involve oral hearings with both parties present.
41. Can I bring legal representation?
Yes. You may be represented by a lawyer or other qualified legal advisor.
42. Can a board member be removed?
Only by vote at a general meeting or, in serious cases, by court action.
43. What if the meeting ignored the bylaws?
You can challenge the decision in court.
44. Can the association refuse subletting for no reason?
No. Under Swedish law, they must provide valid reasons for denial.
45. How do I appeal a denied sublet request?
By applying to Hyresnämnden for permission.
46. Can the association charge me extra for subletting?
Yes, but only up to 10% of the base amount per year, according to Swedish law.
47. What if I dispute a new fee or charge?
Pay under protest and seek legal review if necessary.
48. What’s the difference between a complaint and an appeal?
A complaint is informal. An appeal is a formal legal challenge.
49. Can the board change my apartment’s fee or square meter size?
No, not without a formal decision and possibly a revised economic plan.
50. What is a general meeting protocol (stämmoprotokoll)?
A written summary of decisions taken at a general meeting.
51. Can I see the meeting minutes?
Yes. Members have the right to access the minutes.
52. Can decisions be made without a general meeting?
Only minor or urgent matters. Major decisions require meeting approval.
53. Can a minority block a decision?
In some cases, yes—especially if the decision requires a qualified majority and the threshold isn’t met.
54. What if voting was done incorrectly?
The decision may be invalid if voting procedures were improper.
55. Can I appeal a bylaw change?
Yes—especially if it violates the law or wasn’t properly adopted.
56. Can the bylaws be changed without my consent?
Yes, if the majority votes in favor and the change follows legal procedures.
57. What if the board ignores a general meeting decision?
You may take legal action or propose replacing the board.
58. Can the board favor certain members?
No. They must treat all members equally.
59. What is a conflict of interest (jäv)?
When a board member makes decisions involving their own interest—this is not allowed.
60. How do I report a board that breaks the law?
You may sue in court or contact Bolagsverket in certain cases.
61. Can I access the association’s annual report?
Yes. It is available to all members.
62. Can a non-member appeal a decision?
No. Only registered members have legal standing.
63. Can I demand an extraordinary meeting by myself?
No. You need support from at least 10% of the members.
64. How do I change the board?
By proposing new candidates and voting at a general meeting.
65. Can the board change shared spaces without a vote?
Not for major changes. These require member approval.
66. What is a “challenge action” (klandertalan)?
A lawsuit to invalidate a general meeting decision.
67. Which court handles a challenge action?
The district court (tingsrätt) where the association is registered.
68. What is the time limit for a challenge action?
Three months from the date of the general meeting.
69. What happens if I win?
The decision is invalidated and no longer binding.
70. Can the association expel a member?
Only in extreme cases—and only with a court ruling.
71. What justifies denial of membership?
Valid reasons, such as inability to pay fees.
72. Can legal entities be denied membership?
Yes, if the association’s bylaws prohibit it.
73. What happens with inherited apartments?
The heir must apply and be accepted as a member.
74. Can the association deny a senior citizen?
No. Age-based discrimination is illegal.
75. Can I appeal if I was denied membership?
Yes—to Hyresnämnden within three weeks.
76. Can the seller appeal a denial?
Yes. Both buyer and seller have standing to appeal.
77. Can the association deny membership without explanation?
No. They must provide a valid reason.
78. What if Hyresnämnden overturns the decision?
The association must accept the new member.
79. Is a decision by Hyresnämnden binding?
Yes.
80. Can the association ignore it?
No. They are legally required to comply.
81. Can I appeal a fee increase?
Yes, through a court challenge.
82. What applies for major renovations (e.g. balconies, plumbing)?
Usually requires a qualified majority at a general meeting.
83. Can the association make changes to my unit without consent?
No—not without your permission or legal justification.
84. What is a “significant change”?
A major change to your apartment or financial situation requiring your consent.
85. What about attics or basements being converted?
This usually requires member approval and a building permit.
86. Can cameras be installed without consent?
Not unless compliant with law and approved at a meeting.
87. Can I access board meeting minutes?
Not by default—but you may request information relevant to your rights.
88. Can the board force me to move out?
Only by court order and in cases of serious misconduct.
89. What is a forced sale (tvångsförsäljning)?
When a member loses their apartment due to severe rule violations.
90. Can I contest a forced sale?
Yes, by appealing to tingsrätten.
91. What if the board is harassing me?
Document everything, contact a lawyer, and consider legal action.
92. What is legal aid and legal insurance?
Financial assistance—often included in home insurance policies in Sweden.
93. Can I appeal a decision that doesn’t affect me directly?
No. You must be directly affected.
94. Can I join with others in a legal action?
Yes. A joint claim can be more effective.
95. How long does a court case take?
Typically 6–18 months, depending on complexity.
96. Can we settle before trial?
Yes. Many disputes are resolved through settlement.
97. What if I’m unsure whether a decision is legal?
Ask a lawyer to review the case.
98. How do I find a lawyer?
Use the Swedish Bar Association or contact us directly.
99. Can I win even if I’m the only one challenging the decision?
Yes. Even one member can succeed if the law is on their side.
100. Who can help me with this?
Advokatfirman Segerström – we have deep experience in housing law and help you defend your rights in Swedish housing associations.
