Contesting a resolution of the owners' assembly
As an apartment owner you are bound by resolutions of the owners' assembly, even if you voted against them. But if you consider a resolution unlawful, you can contest it. It is important to keep the short deadline.
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What you should do now
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1. Check the resolution
Does the resolution violate the law or an agreement, or proper administration?
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2. Secure the minutes
Secure the assembly minutes and the date the resolution was passed.
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3. Meet the deadline: 1 month
Bring the action to contest it within one month (reasons within two months).
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4. Get advice
Condominium law is complex; seek legal advice before the deadline passes.
Frequently asked questions
How long do I have to contest a condominium resolution?
You must bring the action to contest it at court within one month of the passing of the resolution; you can submit the reasons within two months (§ 44 WEG). If you miss this deadline, the resolution generally becomes final, even if it was unlawful. That is why acting quickly is decisive.
Against whom is the action to contest directed?
Against the community of apartment owners (not against the individual co-owners). Contestable are resolutions that violate the law or an agreement or do not correspond to proper administration. Because of the short deadline and the complexity of condominium law, you should seek legal advice promptly.
Take action now
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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.