Condominium law

Condominium law contains provisions governing the creation of condominium ownership, but above all the relationships between owners, condominium associations, and property management companies.

What sounds clear on paper often leads to disputes in practice, particularly among owners themselves, but also in their dealings with the property management company.

Attorney Annette Würzberg advises and represents condominium owners and associations, as well as management companies.

In practice, a key focus of condominium law is actions to challenge resolutions, through which a condominium owner can have a court review the validity of a resolution passed at an owners’ meeting. Common issues in this context include measures and costs for maintaining the common property, structural alterations to the common property, maintenance fee statements, or the appointment or removal of a property manager.

So-called actions to replace resolutions are also gaining in importance. In such proceedings, a condominium owner brings a case before a court to have a resolution that the condominium owners refuse to pass “replaced” by a court judgment.

The need for legal advice in condominium law is also high because, while the fundamental principle is cooperation, many declarations of division or community bylaws contain provisions that are insufficient, misleading, or even legally flawed in individual cases.