Condominium ownership is the most common form of property ownership in multi-unit buildings in Austria. Buying an owner-occupied flat means acquiring not just your own four walls, but automatically becoming part of a community with all the other owners in the building. This community brings rights – but also considerable obligations – and is governed by the Condominium Act (Wohnungseigentumsgesetz, WEG), which was comprehensively reformed in 2022.

What Exactly Is Condominium Ownership?

Condominium ownership in the legal sense is the real right to use an independent flat or other independent premises exclusively and to dispose of it. It is inseparably linked to the co-ownership share of the entire building: anyone buying a flat always buys a share of the land and the building – the flat itself is a kind of qualified area of use within that share.

This has practical consequences:

• A condominium cannot be sold separately from the land
• Mortgages and liens always encumber the entire co-ownership share
• Changes to the common parts of the building require the consent of the community

Common and Private Parts

The WEG strictly distinguishes between:

Common parts (belonging to all owners in proportion to their shares):

• Land, foundations, load-bearing walls, roof, façade
• Stairwells, lifts, heating system
• Common outdoor areas, underground car park entrance and exit

Condominium objects (exclusive right of use of each individual owner):

• The flat itself including internal walls, floors, windows (inside)
• Associated cellar compartments, parking spaces (if included in the condominium agreement)
• Any terrace or balcony (if assigned)

The Owners’ Association

All condominium owners automatically form an owners’ association (Eigentümergemeinschaft). This is not a legal entity in the classical sense, but it can acquire rights, incur liabilities and sue or be sued in court. The key bodies are:

Owners’ Meeting

The general meeting of all owners is the supreme decision-making body. It takes place at least every two years (since the 2022 WEG reform). Resolutions are passed by simple or qualified majority (calculated according to co-ownership shares) depending on their importance.

Building Manager

The building manager (Hausverwalter) represents the owners’ association externally and is responsible for day-to-day management: operating cost accounts, maintenance contracts, correspondence with authorities. They must be appointed by the owners’ association and can be removed by majority vote.

The 2022 WEG Reform: What Changed?

The Condominium Act 2022 brought important new provisions:

Electric Mobility

Condominium owners now have the right to install a charging point (wallbox) for their vehicle on an assigned parking space. The building manager may not categorically refuse this – but they can coordinate the implementation.

Renewable Energy

The installation of photovoltaic systems on communal areas (e.g. the roof) can now be approved by simple majority. Revenues are distributed proportionally among all owners.

Barrier-Free Access

Owners can have barrier-free conversion measures carried out at their own expense (ramps, grab rails, door widening), even if common parts are affected – approval may only be refused for important reasons.

Virtual Owners’ Meetings

Owners’ meetings can now also be held digitally. This simplifies participation, particularly in large residential complexes with many owners.

Voting Majorities at a Glance

Type of resolution	Required majority
Routine management (day-to-day decisions)	Simple majority by shares
Extraordinary management (e.g. major renovations)	Simple majority
Amendment of the condominium agreement	All owners must consent
Disposal of common parts	All owners must consent

Maintenance and Reserve Fund

Each owner is obliged to make a monthly contribution to a reserve fund used for major maintenance work on the building. The building manager sets the amount – typically between €0.50 and €2.00 per m² of floor area per month. For larger renovation projects (roof, façade insulation, lift installation), a special levy resolution may require additional payments.

Rights and Obligations in Everyday Life

Your rights as an owner:

• Exclusive right of use of your flat
• Participation and voting rights at the owners’ meeting
• Access to all accounts and minutes
• Application to the court to review resolutions

Your obligations:

• Payment of operating costs and reserve fund contributions
• Tolerating necessary maintenance work by the manager
• No unauthorised changes to common parts
• Compliance with house rules

Tips for Buyers of Owner-Occupied Flats

1. Request minutes from the last owners’ meetings: These reveal ongoing disputes or planned investments
2. Check the reserve fund account: Is there sufficient capital for maintenance measures?
3. Read the condominium agreement: Which areas are assigned to the flat?
4. Obtain the house rules: These govern matters such as pets, noise and use of communal areas
5. Check for outstanding claims: Debts of a previous owner can transfer to the buyer

Conclusion

Condominium ownership offers the security of ownership with the benefits of communal living – but also brings legal complexity. Those who understand the rules of the owners’ association and play an active role protect their investment and avoid conflicts. Modern property management software such as nuimmo helps managers keep track of all resolutions, accounts and deadlines.

FAQs

Can I rent out my flat without the association’s consent?

Generally yes – renting out a condominium does not require the consent of the owners’ association. However, the house rules may contain certain restrictions (e.g. a ban on short-term lets such as Airbnb).

What happens if an owner does not pay operating costs?

The owners’ association can enforce outstanding amounts through the courts. The judgement can be secured by a lien on the co-ownership share.

Can I challenge resolutions of the owners’ meeting?

Yes, resolutions can be challenged before the non-contentious proceedings court (Außerstreitgericht) at the district court within three months of being passed, if they are unlawful or inequitable.

Can the building manager commission work on his own authority?

Only within the scope of routine management and up to a certain value threshold. Larger commissions require a resolution of the owners’ association.