You may be wondering…

• Is donating a cooperative share the same as donating an apartment?

• Do I need the cooperative’s approval?

• What happens if the apartment has unpaid rent or service debts?

• Can a donation be revoked if family relations deteriorate?

Clients often ask me…

• Is it enough to deliver the donation contract to the cooperative, or do I need to go to the Land Registry?

• What if the cooperative’s bylaws require prior approval?

• Can the cooperative refuse to register the new member?

• How does it work if the recipient is a minor child?

Donation of a cooperative share in a nutshell

• Subject of donation: It’s not the apartment, but the membership share in the cooperative.

• Form: Written donation agreement, signatures should ideally be notarized.

• Effectiveness: The transfer occurs upon delivery of the contract to the cooperative (no Land Registry filing required).

• Approval by the cooperative: Not required unless explicitly stated in the bylaws.

• Registration: The cooperative records the new member in its membership register.

Biggest risks and mistakes

1. Confusing it with private ownership – many people think they’re donating the apartment, but legally it’s just the cooperative share.

2. Debts in the cooperative – the new member inherits obligations tied to the share (e.g., unpaid rent or services).

3. Cooperative bylaws – may impose approval requirements or other restrictions.

4. Minor recipients – donating to a child requires court approval of the legal act.

5. Family disputes – donating to only one child often sparks conflicts in inheritance matters.

Step-by-step process

1. Review the cooperative’s current bylaws – check for approval requirements.

2. Draft a donation agreement for the cooperative share.

3. Have signatures notarized (even if not legally required, most cooperatives insist on it).

4. Deliver the contract to the cooperative for registration.

5. The recipient becomes a member and gains the right to use the apartment.

Examples from practice

• A client donated a share to his son but forgot to settle service debts – the cooperative registered the son, but immediately demanded payment.

• In one case, the cooperative refused to register the donee until notarized signatures were provided, even though the law did not require it.

• When donating a share to a minor child, the parent had to obtain court approval of the contract, delaying the process by several months.

Why you should avoid free templates

On the internet you will find “free donation contract for a cooperative apartment.” In reality, it is not the apartment itself, but the cooperative share that is being transferred. If the template doesn’t account for cooperative bylaws or membership obligations, the contract may be invalid or unenforceable.

Lawyer’s recommendation

• Always request the cooperative’s current bylaws.

• Check whether the share carries any debts.

• For minors, prepare for mandatory court approval.

• Have the agreement reviewed by a lawyer – cooperative shares are legally specific and risky.

Checklist for donating a cooperative share:
☑ Cooperative bylaws checked
☑ Debts settled
☑ Donation agreement drafted
☑ Signatures notarized
☑ Delivered to cooperative

FAQ

Do I need to file the contract with the Land Registry?
No, donation of a cooperative share is not registered with the Land Registry.

Can the cooperative refuse the donation?
Usually no, unless its bylaws grant it such authority.

What about taxes?
Same as for other gifts – transfers between close relatives are exempt, otherwise it counts as taxable income.