Condominium Law
At first glance, condominium life may seem simple: everyone lives in their own flat, and someone takes care of the common areas. In reality, however, it is much more complex. The operation of condominiums is governed by detailed and often complicated legal regulations, covering everything from the use of common property, cost sharing, renovations, legal disputes, and liability issues, to the functioning of the condominium general assembly. This is where our practice can help: our condominium lawyers and attorneys support our clients with practical, legally sound solutions.
Why is legal support in condominium matters important?
Condominium law is a specialised field that involves property rights, the provisions of the founding document, the use of common property, and the organisational and operational rules related to everyday operations. In most condominiums, questions will eventually arise that cannot be resolved internally or with goodwill alone – at such times, the role of the condominium attorney becomes essential.
Typical issues requiring legal assistance:
- Challenging general assembly resolutions,
- Taking action against non-paying co-owners,
- Exceeding the powers of the property manager,
- Disputes over renovation or investment decisions,
- Questions regarding the use of individual units,
- Legal preparation for establishing new condominiums.
The Condominium General Assembly – The most important decision-making body
The condominium general assembly is the highest decision-making forum, where co-owners decide on fundamental operational issues: budget, renovations, the person of the property manager, regulations, and the resolution of legal disputes. Conducting, documenting, and implementing the decisions of general assemblies requires serious attention.
Our condominium lawyers frequently assist in:
- Preparing and managing the general assembly,
- Legally reviewing draft resolutions,
- Ensuring the formal and substantive adequacy of the minutes,
- Legally enforcing or challenging disputed resolutions.
Unfortunately, it is common for formal errors at a general assembly – such as improper convocation or voting procedures – to render an entire decision invalid. An experienced condominium attorney can alert parties to these issues in time.
Litigious and non-litigious condominium matters
When disputes within the condominium cannot be settled by agreement, court proceedings may become necessary. The most common of these are:
- Judicial challenge of general assembly resolutions,
- Claims collection due to unpaid common costs,
- Usage disputes, such as over storage rooms, attics, or cellars,
- Liability lawsuits related to construction works or renovations.
In our practice, we represent both condominiums and individual owners, depending on which side suffers legal harm or uncertainty. The aim is always to ensure both the common interest and legal compliance.
Establishing new condominiums, legal support for developments
For newly built or to-be-converted properties, the founding document, organisational and operational regulations, and the creation of individual units are of decisive importance. During ongoing developments, it is possible to establish the condominium in advance, even before the building is constructed. This way, flats that do not yet physically exist can be sold “off-plan”. These documents determine how the community will operate for many years. If the basics are flawed – for example, if the elements of common property are unclear or the use of parking spaces is not regulated – later disputes are almost guaranteed.
Our law firm also provides support at this stage:
- Drafting or reviewing the founding document and operational regulations,
- Developing agreements between the developer and owners,
- Legal support for official registration and administration.
Condominium representation and ongoing legal support
Condominium management is not just about decisions, but also about daily administration, communication, and situations with legal consequences. Examples include:
- Contracting (cleaning, maintenance, construction),
- Managing outstanding receivables,
- Handling complaints or disputes between neighbours.
Many property managers appreciate the background support of an experienced condominium lawyer for these matters. Our practice offers ongoing legal consultancy, even on a monthly retainer, to ensure the condominium’s legal background is always in order.
Who is our condominium practice for?
- Property managers seeking professional legal backup for their tasks
- Condominium owners needing help with specific issues (e.g. challenging a resolution, common cost disputes)
- Developers establishing new condominiums or selling properties in condominium form
- Management companies overseeing several condominiums and needing ongoing legal support
Condominium law is not just a collection of regulations, but the framework for everyday community life. Behind every well-functioning condominium stands not only a conscientious property manager but also legal thoroughness. As condominium attorneys, our goal is to ensure solutions are found instead of disputes, and that decisions are valid and enforceable. Whether you live in, operate, represent, or invest in a condominium – you will surely find an expert partner with us.
1. When is it advisable to seek the help of a condominium attorney?
A condominium attorney can provide real value in cases of disputes over general assembly resolutions, non-paying co-owners, renovation issues, or unlawful use. The earlier legal advice is sought, the easier it is to prevent litigation. Due to the complexity of condominium law, prevention is often the most cost-effective solution.
2. Why is the lawful operation of the condominium general assembly crucial?
The general assembly is the main decision-making body, and its resolutions are binding on all owners. If an assembly is not convened or conducted according to legal requirements, its decisions may be invalid. With the help of a condominium lawyer, these mistakes can be avoided.
3. When and how can a condominium general assembly resolution be challenged?
Condominium law allows any co-owner to challenge a general assembly resolution in court. This must be initiated within 60 days of receiving the decision. A condominium attorney helps prepare the legal steps quickly and properly.
4. What can the condominium do if a co-owner does not pay common costs?
By law, payment of common costs is mandatory. If unpaid, the amount can be recovered through legal means. This involves a payment notice, and if necessary, litigation or enforcement. An experienced condominium lawyer speeds up and secures the success of the collection process.
5. Is it compulsory to keep minutes of the condominium general assembly?
Yes, condominium law requires minutes to be kept at every general assembly. These must include participants, agenda items, resolutions, and voting results. Incomplete or incorrect minutes can invalidate decisions.
6. When is it useful for a condominium lawyer to be present at the general assembly?
For high-value decisions, contentious agenda items, or resolutions with legal consequences, it is advisable to involve a condominium lawyer. They ensure the lawful conduct of the assembly and help prevent subsequent challenges. More and more property managers are taking advantage of this possibility.
7. How does condominium law define common property?
According to condominium law, common property includes everything not part of individual units – such as staircases, roofs, courtyards, or attics. Their maintenance and renovation require general assembly decisions and funding from common costs. Their use can also be regulated in the operational rules.
8. Can legal liability be enforced against the property manager?
Yes, if the property manager defaults, exceeds their authority, or causes damage, they can be held liable. A condominium attorney assists the affected parties in asserting their rights. The condominium can claim damages even through litigation.
9. What can the condominium do if an owner unlawfully uses common property?
Condominium law allows for warnings, possession protection proceedings, or even court action. Common property cannot be used exclusively at an individual’s discretion. A condominium lawyer can offer a quick, targeted solution in such cases.
10. What role does the condominium attorney play in establishing a new condominium?
In the case of a new condominium, drafting the founding document, operational rules, and unit delineations is crucial. The condominium lawyer ensures that the documents comply with legal requirements and that future operations are on a solid foundation. This reduces the risk of legal disputes in the long term.
Our experienced team is at your disposal