Rights and duties within the association
The purchase contract is not the only legal foundation. The declaration of division, community rules and effective resolutions also determine permitted use and costs. I assess the documents and relationships between the owner, association and management.
Building problems require distinguishing individual from common property, which affects responsibilities and claims. The cause of damage must be separated from who decides on and funds repairs.
Preparing resolutions and assessing court remedies
I help prepare specific resolutions and review decisions already passed. Statutory challenge deadlines are crucial. For a court-substituted resolution, the intended decision and prior consideration by the association must be clarified.
I consider long-term relations in the building. Clear arrangements on works, costs and responsibility can resolve conflict better than abstract arguments. Where agreement is insufficient, I represent your position in proceedings.
Practical examples
These examples describe typical situations. The appropriate response depends on the facts of each case.
Documents for the initial assessment
Provide the declaration of division, community rules, meeting invitation and minutes, resolution records and management correspondence. For repairs, add photos, reports, quotations and accounts. State the exact date of any resolution.
Frequently asked questions
Whom do you represent in condominium matters?
I consider enquiries from individual owners, owners’ associations and businesses owning residential or commercial units. Before accepting a matter, I establish the client’s identity and check conflicts. An individual owner’s interests and those of the association must be distinguished.
What deadlines apply to challenging an owners’ resolution?
Under section 45 WEG, an action to set aside a resolution generally must be brought within one month and substantiated within two months of the resolution. Do not wait for minutes sent later. A letter to the manager does not replace court proceedings.
Is a resolution challenge brought against the manager?
Actions concerning resolutions under section 44 WEG are brought against the owners’ association. The correct defendant must nevertheless be established for each particular claim. Claims concerning management conduct may involve different requirements and parties.
The association refuses necessary repairs. What can be done?
I examine responsibility, the cause of damage and the decision-making history. A sufficiently specific proposed resolution often needs to be prepared first. If a necessary decision is not made, a court order replacing the resolution may be available. Immediate danger may require interim measures.
May I alter windows, a balcony or other building elements myself?
An element used exclusively by one owner can still be common property. Review the declaration of division, the proposed works and required resolutions before starting. Alterations and their costs follow specific rules; a public permit does not replace a necessary association decision.
Can you review a special levy or annual accounts?
Yes. I examine the resolution, allocation formula and supporting documents. For annual accounts, the precise payment or adjustment resolution must be identified. If a challenge is needed, statutory deadlines must be observed even while discussions continue.
Who should pursue damage to common property?
Ownership of the claim and authority to enforce it depend on its legal basis. I distinguish damage to common property, effects on an individual unit and contractual claims. This ensures that the appropriate party uses the correct procedure.
Can a commercial unit be used or let for a different purpose?
The declaration of division and community rules may restrict use. Planning and building law and any business permits must also be considered. I review private-law and regulatory requirements together before long-term leases or alterations rely on an unverified use.