Posts tagged #condominium
All PostsAdvance Management Expenses: No Offsetting for Condominiums
Civil LawIn the case at hand, the principal owner of a property governed by Austrian condominium law attempted to set off his own claims against the owners’ association with advance payments made for management expenses. Both the court of first instance and t...
OGH: Easement for Condominium Access
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that condominium owners may not register an easement in the land register under which they grant each other an exclusive and perpetual right of use for access to their apart...
OGH: Rights of Austrian Owners’ Associations
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified: For the active legitimacy of a condominium owners’ association with regard to an assignment of claims, only the effective assignment is relevant. Internal decisions by ...
OGH: Division In Kind prior to Inheritance Devolution
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof) recently dealt with the division of inheritance rights prior to devolution, taking into account previous gifts to heirs by the deceased. The plaintiff and the two defendants are the children and lega...
Austrian Supreme Court: Joinders and Common Garden Areas
Procedural LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with determining if a part of a garden area belongs to the condominium property as a whole and if litigation in this matter requires a joinder of parties. T...
OGH: Depreciation of Partitioned Co-Owned Real Property
ZivilrechtThe Austrian Supreme Court (Oberster Gerichtshof, OGH) has clarified that the depreciation in value in the course of the partition of real estate is to be assessed on the basis of the actual co-ownership structure. In the case at hand, the plaintiff...
OGH: Right to refuse performance in case of defects in common areas
Civil LawIn the present case, the Austrian Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of the extent to which a right to refuse the performance by two co-owners of a property affects common areas. The defendants acquired condominium owne...
OGH: "Airbnb jurisprudence" does not apply to persons entitled to use a flat
Civil LawAccording to the Supreme Court (Oberster Gerichtshof, OGH), only flat owners can defend themselves against the inappropriate rental of neighbouring flats on "Airbnb" & Co. Mere authorised users are not entitled to do so. The defendant rented out some...
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