The co-owners’ association refuses to carry out necessary works
If the co-owners’ association refuses to carry out works necessary to meet the housing quality standards, the property manager or co-owner can take action.
The property management company
In such cases, it is the property management company’s job to raise awareness among the co-owners’ association regarding the importance of meeting the housing quality standards. The property management company also clarifies the legal consequences of non-compliance with the standards.
Federal legislation
The federal legislation about co-ownership was recently given an important boost. The majority for legally required works in common parts was lowered to a simple majority (50+1). As a result, a positive decision can be made faster in many cases. This also applies to work necessary to maintain minimum housing quality.
Article 3.92
Article 3.92 allows any co-owner to appeal against an explicitly negative decision. A co-owner can also ask the court for permission to independently carry out urgent and necessary works to the common parts at the co-owners association’s expense.
Of course, it is not easy for a co-owner to take this kind of legal action, but they are an important incentive.
If you have any questions, don’t hesitate to contact us.
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