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House money and special levy: what owners have to pay

As a member of a community of apartment owners you pay house money monthly, and sometimes a 'special levy' for larger expenses is added. What do you have to pay, and when can you defend yourself?

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Your chances of getting your money back

The house money is your ongoing contribution to the community's costs (administration, maintenance, reserve). A special levy is imposed by resolution of the owners' assembly for unscheduled or larger expenses (for example a roof renovation).
An effective resolution on house money or a special levy is binding; you have to pay, even if you voted against it. If you consider the resolution unlawful, you can contest it within one month; the payment obligation does not, however, thereby cease for the time being.

What you should do now

  1. 1

    1. Check the resolution

    Is there an effective resolution on the house money or the special levy?

  2. 2

    2. Check amount/allocation

    Are the calculation and the allocation key correct?

  3. 3

    3. Contest within the deadline

    With a flawed resolution, bring an action to contest it within one month (§ 44 WEG).

  4. 4

    4. Mind the payment

    Despite contesting, the payment obligation continues for the time being; otherwise default consequences threaten.

Frequently asked questions

Do I have to pay a special levy?

Yes, if the owners' assembly effectively adopted it; the resolution is binding even if you voted against it. A special levy may be imposed for unscheduled or larger expenses. If you consider the resolution flawed, you can contest it; the payment obligation does not, however, thereby cease for the time being.

How do I defend against an excessive levy?

Check the resolution, the amount and the allocation key. If you consider the special levy unlawful (for example unnecessary, wrongly allocated), you can contest the resolution in court within one month of its passing (§ 44 WEG). Important: pay for the time being anyway to avoid default consequences, and get advice on the contest.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.