Representation in court and out of court in residential property matters

Defense against actions to contest and replace resolutions

In condominium property matters, defense against actions to contest resolutions (in addition to taking action for housing allowance) represents the focal point of our judicial activity. Resolution errors cannot always be avoided. On the other hand, not every resolution that is being legally challenged by an owner is unlawful. If an action to contest a resolution is pending, the homeowner association must inevitably address this. The administrator is responsible for appointing an attorney to defend the action.

The right to contest resolutions is a special subject that can only be mastered by those who constantly deal with it. The outcome of the legal action depends on how the respective party uses its procedural options and prepares the facts of the case in writing. Knowledge of the latest case law (of the Berlin local courts, the HOA appeal chambers at the regional court and the BGH (Federal German Supreme Court) can be decisive in a dispute. In more than 100 contestation proceedings per year, administrators and homeowner associations trust our litigation.

Housing allowance collection via the courts

With the amendment of the Compulsory Auction Act (Zwangsversteigerungsgesetz) in 2007 and the amendment of the Code of Civil Procedure (ZPO) enforcement law in 2013, the legislator has significantly improved the options for homeowner associations to enforce their contribution claims arising from business plans, special allocations, and annual accounts. If these options are used, long-term loss of housing allowance can be avoided. The basic requirement is that the associations take legal action against housing allowance debtors at an early stage.

For many years we have had a well-established team dealing with the execution of housing allowance claims and enforcement against housing allowance debtors.The foreclosure of apartments and the enforcement of housing allowance claims in the event of the owner's insolvency are part of our standard repertoire.

Actions for reinstatement and injunctions

If condominium owners have made structural changes without approval, an action for reinstatement and, sometimes, subsequent enforcement is necessary, for instance if  a condominium owner is using his unit in breach of the declaration of division, or he or his tenant is behaving in an otherwise  disruptive manner. In these cases, an injunction is required.
We have years of experience in these often small-scale processes and in the enforcement proceedings that follow on a regular basis.

Claim for confiscation

If the condominium owners have resolved to confiscate the individual property of a member of their association, we conduct the claim for confiscation on behalf of the association and enforce execution of the judgment.

Conducting proceedings for damages on behalf of the association

If a condominium owner acts in breach of his obligations and the association suffers a loss, we bring the claim to court and then pursue enforcement. The most common case settings are:

• obstruction or prevention of maintenance and repair
• damage to communal property
• Causing damage in connection with expansion and conversion measures.

Conducting actions to contest and replace resolutions on behalf of individual or several owners

If the majority of the owners pass a resolution that is against your interests, it is not sufficient for you as an outvoted owner to simply object in writing. The resolution, also any possible rejection, a so-called negative resolution, can be appealed against to the competent local court (in rare cases to the court of arbitration). In the case of negative resolutions, it is also advisable to file an application to replace the resolution.

Just as in the defense of actions to contest resolutions, we also have a high level of litigation experience in injunction proceedings and relevant knowledge of the latest case law of the Berlin local courts, the HOA appellate chambers at the Berlin Regional Court and the Federal German Supreme Court.

Representation of administrators

We competently and reliably have been supporting administrators in injunction proceedings and passive proceedings, e.g.:

• Enforcement of fee claims in the event of premature withdrawal
• Defense against administrator recourse