Condominium law (Austria)

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Austrian residential property law is regulated by the Apartment Ownership Act 2002 (WEG 2002).

Terms

" Apartment ownership is the real right granted to the co-owner of a property or an owner partnership to exclusively use and dispose of an apartment property." (§ 2 Paragraph 2 WEG 2002)

Not only apartments can be condominium properties , but also “other independent rooms” and “parking spaces for motor vehicles” (Section 2 (2) WEG 2002).

" Accessory apartment ownership is the right associated with apartment ownership to exclusively use other parts of the property that are not structurally connected to the apartment property, such as basement or attic rooms, house gardens or storage spaces." (§ 2 Paragraph 3 WEG 2002)

Establishment of home ownership

Apart from a court decision, apartment ownership can only be established through a written agreement of all co-owners (apartment ownership contract) (Section 3 (1) WEG 2002).

The sole owner of a property can, however, establish provisional apartment ownership on the basis of a written declaration of establishment (apartment ownership statute) (Section 45 (1) WEG 2002).

The law contains, among other things, a 9th section, which contains detailed provisions on the protection of homeowners (§§ 37ff WEG 2002).

The co-ownership of the property is inextricably linked to home ownership. The proportions of the individual apartment owners correspond to the ratios of the calculated utility values ​​of the individual apartments .

Homeowners Association

In Austria, according to Section 2 (5) in conjunction with Section 18 (1) WEG 2002, the community of owners is expressly a legal person with (partial) legal capacity who can acquire rights and commitments in matters relating to the administration of the property, as well as sue and be sued. The homeowners association is represented by the manager or, if one is not appointed, by the majority of the homeowners. However, an enforcement title issued against the community of owners can only be enforced against the existing reserve (Section 31 WEG 2002) or the payments made or owed by the apartment owners for expenses (Section 32 WEG 2002) (Section 18 (4) WEG 2002).

Individual evidence

  1. ↑ § 2 Paragraph 2 WEG 2002 on ris.bka.gv.at