Condominium Ownership: That's Why Good Neighbours Are so Important

16.6.2020
  1. The condominium owners' assembly
  2. The Condominium Owners' Regulations
  3. Neighbouring Rights in Condominium Ownership

Do you want to buy a condominium? What factors are important for you when making your decision? Probably the location. Almost certainly the dismantlement, plan and standard. Perhaps the tax burden or proximity to schools. One factor is missing that many underestimate: Your new neighbours. You only realise how important tolerance is in a condominium owners' association when your neighbour plays the saxophone or your neighbour plants bamboo in the garden.

The condominium owners' assembly

It uses, manages and maintains the common property. It is not a legal entity, but it can operate or sue and be operated or sued. Its supreme body is the condominium owners' meeting. These are its most important tasks: It

• decides on administrative actions and construction measures,
• shall, if desired, appoint and supervise an administrator,
• elects a committee or a deputy,
• approves the cost estimate, the invoice and the cost allocation,
• decides on the creation of the renovation funds and
• takes out all insurances for the community.

The assembly shall be held at least once a year. Decisions are made by absolute majority, qualified majority (according to heads and value quotas) or unanimously, depending on the transaction. The value quota expresses the share of a condominium owner in the entire property and is entered in the land register when the community is established.

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The Condominium Owners' Regulations

Das Zusammenleben wird durch das Stockwerkeigentümerreglement geregelt. Die Bestimmungen halten Rechte und Pflichten fest und wie die Eigentümer ihre Liegenschaft benutzen und verwalten. Das Reglement definiert unter anderem Sonderrechte und Benutzungsrechte, wie gemeinschaftliche Kosten verteilt werden oder was verboten und was erlaubt ist. Die gesetzlichen Vorschriften müssen nicht aufgeführt werden. Es ist aber sinnvoll, weil so alle wichtigen Bestimmungen in einem Dokument zusammengefasst sind. In der Regel müssen Stockwerkeigentümer dem Reglement und allen Änderungen mit qualifiziertem Mehr zustimmen.

Living together is regulated by the condominium owner regulations. The regulations set out rights and obligations and how the owners use and manage their property. The regulations define, among other things, special rights and rights of use, how common costs are distributed or what is prohibited and what is permitted. The legal regulations do not have to be listed. However, it makes sense because this way all important regulations are summarised in one document. As a rule, condominium owners must approve the regulations and all amendments by a qualified majority.

Neighbouring Rights in Condominium Ownership

Talk to your neighbour if he or she disturbs you with his or her saxophone or his or her bamboo restricts your view. Perhaps the condominium regulations or the house rules will regulate the problem. If you cannot reach an amicable agreement, contact the condominium owners' meeting. It is best to make a proposal as to how you would solve the problem. If the meeting also fails, seek mediation before going to court. A legal dispute puts a strain on the neighbourhood. Therefore, try everything to avoid an escalation.

Houzy Hint

Tip

As in any relationship, you need to be tolerant in a condominium association and sometimes take a step or two back.

With Houzy you can check whether your condominium owners' association has set aside enough money for renovations to the common components. The analysis calculates the renovation costs and derives the optimal contributions to the renovation funds. The result of the analysis can also be easily shared online with the condominium community and forms a sound basis for discussion at your next owners' meeting.

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