Legal advice. What to watch out for when purchasing real estate.

As the owner, you are free to make use of your apartment and ancillary rooms like your basement, hobby room or attic. However, this right ends at the door to your apartment. Common property cannot be used or altered without the co-owners’ consent. Changes to the following parts of a building must be decided on by all co-owners:

• Facade
• Balcony
• Stairwell
• Entrance door to building
• Patio
• Parking space
• Green spaces
• Roof-top terrace

Voting is always on the basis of one owner, one vote. That means every owner has one vote, regardless of how many units they own or how large their ownership interest is. Unless agreed otherwise in the regulations, an absolute majority is required. If all formal requirements for a vote are met, all members of the association of condominium owners must accept the decision taken.

A decision may be contested only if it violates the regulations or any laws. Owners that voted against the motion are entitled to contest it. The legal challenge must be submitted to the competent court within one month of learning of the decision.

The association of condominium owners may lay down regulations to clarify various issues between the association’s members. While there is no legal obligation to formulate regulations of this kind, any condominium owner may request them. Such regulations govern, in particular, the distribution of shared costs, the amount paid into the property maintenance reserve, and when and how meetings of the condominium owners are to be held.

Condominium owners must bear a portion of the shared costs. Their share is proportionate to their ownership interest. They are also obliged to contribute to the maintenance reserve if one has been established. Before buying a condominium, you should read the corresponding regulations very carefully. That way you can rule out any uncertainties that could potentially become a source of conflict. It is also worthwhile obtaining information on any imminent renovation work and on the balance of the maintenance reserve so as to be able to estimate any future expenses.