Condominium Ownership Law

KMA LAW advises and represents individual condominium owners, condominium owners’ associations and property management companies on all matters of condominium ownership law (WEG law), both out of court and in court.

Owners, associations and management companies

We advise and represent individual apartment owners, condominium owners’ associations and property management companies. Disputes frequently arise over the management of common property, planned building works or the allocation of expenses. We consider the declaration of division, community rules, adopted resolutions and the specific circumstances of the building. Our advice is intended to support effective management and a legally sound resolution of disputes, including court proceedings where necessary.

Owners’ meetings and resolutions

Legal questions arise before an owners’ meeting even takes place: which items belong on the agenda, how should a resolution be worded and which documents are required for an informed decision? We review proposed and adopted resolutions and advise on possible responses to procedural or substantive defects. Where a resolution is contested or defended in court, we assist throughout the proceedings and consider the relevant deadlines.

Condominium fees, budgets and annual accounts

Financial administration is a common source of disagreement. We assist with reviewing budgets, annual statements, condominium fees, special assessments and cost allocation. The dispute may concern the interpretation of community rules or the validity of a specific resolution. A clear assessment helps owners, associations and managers implement necessary measures while avoiding unjustified demands.

Alterations and maintenance work

Renovations, modernisation, alterations and necessary repairs to common property can raise questions about voting rights, consent, implementation and the division of costs. We review the legal framework and support discussions among owners and managers. Where parties disagree about the scope, necessity or financing of work, we advise on relevant claims and potential court proceedings.

Private and common property

Responsibility for repairs and the permissible use of particular rooms or building components are not always obvious. We examine the distinction between individually owned and common property using the applicable documents. This includes disputes over exclusive-use rights, building alterations, damage to shared components and permitted use. We support out-of-court resolutions and, where required, the enforcement or defence of legal positions in court.

Disputes with managers and co-owners

Disagreements within an owners’ association may obstruct the proper administration of the building. We advise on management duties, access to documents, implementation of resolutions and alleged breaches of duty. We seek to clarify legal positions at an early stage and avoid unnecessary escalation. Where agreement cannot be reached, we represent our clients in the appropriate proceedings.