Records: The Extent of Condominium Owners’ Rights of Access

Nov 7, 2025 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, or OGH) has clarified how much access condominium owners have to documents such as contracts between their ownwers’ association and energy suppliers, property insurance agreements, and the ways in which ‘other caretaker costs’ are calculated.

In the original case at hand, the applicant, who was both a co-owner and a flat owner, had claimed that the annual statements were unclear because they listed items such as ‘electricity and heating costs,’ ‘insurance,’ and ‘other property management costs’ without providing the corresponding records.

Access is permitted only to review the statement

The property management company, as the initial respondent, stated that all receipts related to the 2021 annual statement had already been delivered. They also noted that there was no separate request for access to 2022 receipts. Additionally, they explained that flat owners are not entitled to general administrative information, since the Austrian Condominium Owners’ Act (WEG) does not grant a general right to such information from the property manager.

The court of first instance denied the application, and this decision was affirmed by the appellate court. The court of appeal underscored that, with respect to services rendered by third parties to the owners’ association, it is essential that such services are governed by a legally binding contract between the association and the third party. The court further noted that any errors or overcharges in individual service invoices do not impact the correctness of the statement of account, as the settlement process does not assess the appropriateness or quantum of the invoiced costs.

The OGH affirmed the decision of the appellate court, emphasizing that the right to inspect documents is intrinsically connected to the duty of accounting. Consequently, the documentation provided should be limited to what is necessary for the effective review of accounts.

OGH 5 Ob 208/24k (5 August 2025)