The opinion of the Supreme Court: Transfer of a membership in a housing cooperative to heirs is not conditioned by their application for membership

Civil and Commercial Division of the Supreme Court in Brno issued a crucial and important opinion, which deals with the transfer of a member’s interest in a housing cooperative to heirs and their membership in the cooperative. In many cases it was required that the heir after the death of the testator applied for membership in the cooperative for obtaining the apartment. However, the Supreme Court issued a decision within its consolidated activity that: “Transfer of a membership in a housing cooperative to heirs is not conditioned by their application for membership.” To simplify, the heir inheriting a flat (share) after the testator is automatically a member of the cooperative by the date of the death of the testator, without asking for membership.