Condominium ownership (WEG 2002) is a co-owner’s right to have sole use of a specific unit. All the owners together form the community of owners. Disputes usually arise over the accounts, maintenance of the common areas (roof, façade, lift), the reserve fund or the property manager (§ 20 WEG). The strongest tool an individual owner has is the minority right under § 52 WEG. In non-contentious proceedings before the district court, an owner can have maintenance work carried out and the accounts reviewed, and can seek the removal of the property manager and the determination of utility values – even without a majority.
If you own a condominium flat, you are not the only one with a say in your own building. Condominium ownership brings rights and obligations towards the other owners – and this is exactly where most conflicts arise: over the annual statement of accounts, necessary repairs, the reserve fund or a property manager who does not do the job. This page explains how condominium ownership is structured under Austrian law, what rights the individual owner has and how to assert your position in a dispute within the community of owners. It builds on our overview page Tenancy & housing law in Vienna.
What condominium ownership means
Condominium ownership is the right in rem of a co-owner of a property to have sole use of a specific unit – a flat, commercial premises or a parking space – and to dispose of it. The legal basis is the Residential Property Act 2002 (WEG 2002). Each condominium unit is allocated a minimum share in the property, which is derived from the utility value determined for the unit.
Flat owners and the community of owners
All the flat owners of a property together form the community of owners. Under the WEG, it has legal capacity in matters of managing the property – for example, it can enter into contracts with tradespeople or the property manager and appear in court. Each owner is part of this community and is bound by its decisions (majority resolutions) where the joint management of the property is concerned.
Common areas of the property
The individual condominium unit is distinct from the common areas of the property. Common areas are those that serve shared use or are not allocated to a single unit – typically the roof, façade, load-bearing walls, staircase, lift, utility lines and heating system. Maintaining them is the responsibility of the community, and the reserve fund pays for it. This distinction often decides who pays for a repair.
The property manager (§ 20 WEG)
The community of owners can appoint a property manager to handle the day-to-day management of the property. The manager’s duties derive mainly from § 20 WEG: the manager must run the joint affairs properly and in the interests of all owners, arrange the necessary maintenance work, manage the reserve fund and draw up accounts of income and expenditure every year.
This annual statement of accounts must be clear and verifiable. Every owner has the right to inspect the receipts. It is also important that the manager is bound by instructions: the manager must follow the owners’ majority resolutions and may not act on their own authority beyond what proper management requires. If the manager seriously breaches their duties or fails to present proper accounts, this can be grounds for removal.
Rights of the individual owner
Even though the community decides by majority, the individual owner is not without rights. The most important rights include:
- the right to exclusive use of their condominium unit;
- the right to inspect the accounts and the receipts, and to proper accounting by the property manager;
- the right to take part in the community’s decision-making (voting rights in proportion to shares);
- the right to demand maintenance work on common areas where it is necessary;
- the right to go to court against majority resolutions or against a failure to act.
If the majority or the property manager does not respect these rights voluntarily, the owner can go to court – in condominium matters, usually in non-contentious proceedings.
Minority rights in non-contentious proceedings (§ 52 WEG)
The most effective tool an individual owner has is the minority right under § 52 WEG. It lets you have certain condominium matters decided by the district court in non-contentious proceedings – in other words, even if you do not have the majority behind you. Matters that can be brought before the court under § 52 WEG include:
- having necessary maintenance and repair work on common areas carried out;
- a review of the accounts and the reserve fund, and of the property manager’s financial management;
- the removal of the property manager for serious breach of duty;
- the determination or amendment of utility values;
- challenging resolutions of the community of owners.
Non-contentious proceedings are less formal than ordinary civil proceedings: the court investigates the facts on its own initiative, and simplified costs rules apply. Even so, you need to give careful reasons for any application and meet the deadlines – for example when challenging resolutions.
Typical disputes within the community of owners
Disputes over the accounts
The most common conflict concerns the annual statement of accounts: it is incomplete, impossible to follow or not presented at all. Owners are entitled to proper accounts and to inspect the receipts. If the property manager fails to act, the owners can have the court compel this.
Disputes over maintenance and repairs
A leaking roof, a damaged façade or a broken lift concerns the common areas. If the majority refuses a necessary maintenance measure, the individual owner can push it through under § 52 WEG.
Disputes with the property manager
If the property manager breaches their duties, presents accounts that lack transparency or awards contracts without the funds to cover them, the question is often whether to remove the manager. Removal is possible by majority resolution and – in the case of a serious breach of duty – through the court.
Jurisdiction: the district court (non-contentious proceedings)
Condominium disputes under § 52 WEG go to the district court in whose judicial district the property is located. The court hears them in non-contentious proceedings, not in contentious civil proceedings. In Vienna, the right place to go for these WEG matters is therefore the relevant district court. Only an application to determine utility values must first be filed with the City of Vienna’s Arbitration Board for Legal Housing Matters (MA 50), as § 52(3) WEG requires. We clarify in advance which application to make, what evidence you need and which deadlines apply in your case.
How we help you
In Vienna, we advise and represent flat owners and communities of owners. We review accounts and reserve funds, take action to have maintenance work on common areas carried out, seek or defend the removal of the property manager, challenge resolutions and represent you in non-contentious proceedings under § 52 WEG before the district court. Our aim is a clear, honest assessment of your prospects – without legal jargon and without false promises.
Contact: Teamanwälte · Mag. Johannes Bügler · Baumgartenstraße 82, 1140 Vienna · Phone +43 1 419 13 18 · office@teamanwaelte.at. Arrange an initial consultation – we will clarify whether and how you can pursue your concern within the community of owners.
More on tenancy and housing law: return to the overview of Tenancy & housing law in Vienna, or read about the related topic Rent reduction for defects.
Note: This page provides general information only and is no substitute for individual legal advice. The provisions and deadlines mentioned must be checked in each individual case. We give no guarantee of success.