assignment of use

ASSIGNMENT COOPERATIVES

housing as a right and not as a speculative asset

article by José Luis Suárez Mielgo (Living Cohousing) and David Castelló Sáez - Castelló (WIn & Win) - OPINION

A little about the cooperative model in cession of use

Cooperatives on assignment of use are a model in which the cooperative members who are going to promote a project - in this case their homes - acquire a right to use their property and the common areas and infrastructure of the building, with the legal form of life usufruct, which is a right transferable to his heirs. The owner of the building in its entirety is the cooperative. The cooperative covers all expenses with the contributions of the members and is the one that holds the representative of the group. If the member decides to leave the cooperative, it recovers the contributions that it has made to be part of it, in addition to the part that has been paying capital for the return of the mortgage loan (if they need financing). The new cooperative member who takes the place of the old member makes the equivalent contributions to return the member who leaves the cooperative, that is, the contributions made by him. In this way, there is no speculation with the right of use that the cooperative has. Housing does not become an investment or business asset, but is an element to use and enjoy. This model allows access in a more economical way to the constitutional right to have decent housing that is recognized in article 47 of the Spanish Constitution. The cooperative regime makes it possible for cooperatives to decide and control its operation, participating in the decisions that are made, just as another cooperative makes its decisions in an assembly. Thus, through the management and government bodies, it makes the decisions approved by the cooperative members. For more information, see the Cooperatives Law. In particular, each autonomous community develops this law with its particularities. Once the building is constructed and functioning, the cooperative continues its activity, since its social purpose is not only to promote and construct the building, but its social function is to preserve and maintain the building in perfect condition, providing service and legal support to users-cooperatives-neighbors. The fact that the neighbor does not have property as such does not diminish their freedom when it comes to using their home, since they can use it as they wish, just as they would with their own home, with the same limits that a home would have in property (modification of the facade, modification of the structure, modification of the general facilities of the building, etc ...). These models of promoting homes have a great advantage, which is that the contributions and the economic effort to enjoy a home are much less than the purchase option. Here there is no intermediary or a promoter who needs to get the most benefit, since the parameters for which the cooperative is governed seek to satisfy the needs raised by the residents in the most economical and efficient way possible. Designing with parameters of:. energy saving and efficiency. user participation in the design of the building. adaptation of the architecture to the needs of the user. design to optimize the enjoyment of the users and not to optimize the economic benefit. . create spaces that serve the demands of the partners, savings achieved by centralizing mortgages, administrative procedures, supplies, consumer goods, services for the community. If the urban planning regulations for the classification of the land require the creation of spaces for businesses, since the cooperative owns the spaces, it can rent and sublet them to third parties (restaurants, gym, shops, etc.) so that the returns obtained revert to the cooperative, getting members to lower their monthly fees. The partners are the ones who decide what businesses are installed in their building, so the neighbors control and decide the type of business they want to be installed in these premises. This way of acquiring housing allows administrations to transfer public land for their development, either by purchasing the land or by granting it for an agreed time. It is a possibility that makes it very cheap to develop the project, but which to date has not received much attention from the Administrations. It is a very widespread model in Northern Europe. As an example, Denmark has 125,000 homes of which 74,000 are present in Copenhagen, in Ireland about 1,200 homes, in Sweden there are 1.6 million people, all with this cooperative system. The financing of these projects can be done either with the own resources of the cooperative members or with external financing. If the partners have the financial solvency required to face the completion of the project, it is the partners' contributions that financially support the project. If financing (building mortgage) is necessary, the holder of the mortgage loan is the cooperative that returns the amount of the mortgage with the part of the monthly installments of the members, which are used to repay the loan. They are usually long-term mortgages, so that monthly payments do not have a high cost. The monthly installments paid by the loan repayment partners are added to the previous amounts contributed by the cooperative member. Thus the amounts become part of the amounts to be returned by contribution to the project, when a new cooperative member occupies the vacancy of the outgoing member. The way in which the incorporation of new members-neighbors is regulated is regulated in the statutes of the cooperative approved in assembly

In our case, in addition to our member-resident cooperative, there will be a work cooperative that will manage the hostel in symbiosis with ours

We finance, in addition to our houses, the common spaces to which we give the form of a hostel, with which we generate six to eight jobs, which will both serve and manage the hostel and ourselves. In this way we contribute to the social economy, to social inclusion, and to personal and social well-being, at the same time as we recover the extra investment made. This symbiosis of cooperatives is also conceived on a non-profit basis.
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