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.