I wonder if any of you legal beagles out there know the answer to this one....
As a "Miteigentümer" (co-owner) in a development of flats (Stockwerkeigentum), I assume I have a right to be invited to the AGM - and the Verwaltung has an obligation to invite me. Is that correct?
The situation is that I have an outstanding agenda item that was supposed to have been discussed at the 2020 AGM that had to be changed from an in-person meeting to merely covering the bare minimum in writing owing to Covid - the same applied to the 2021 meeting.
At the beginning of March 2022, I received the bill for this year's 1st payment on account along with the 2021 final accounts and 2022 proposed budget. On Friday, I received the minutes of the AGM held on 25 March, for which I never received the invitation that - it transpires from the minutes - should have been sent out with the bill and accounts, and was evidently sent out to the people who attended.
So my question is: does anyone know if I have any legal (rather than just moral) grounds for complaint at not having been invited to the AGM? Can I request an EGM be held on grounds of having been excluded from the AGM?
I'm going to write to the Verwaltung, asking for them to comment on the situation, and can call the HEV tomorrow, but would just like to get an idea of the legal situation first so I can tailor my approach.
Thanks in advance!
As an owner you have a right to be invited and attend.
As an owner yes you have a right, but if you are co owner - did you check with the other party that you co-own if they received and maybe went? (I am assuming with co own you mean that you and a second party both have the same rights to an apartment or similiar, and that you do not own the apartment yourself).
Thanks, I thought as much. Just wondering what recourse I have in this case then?
The situation is slightly more complex insofar as for historical reasons, the flat I live in as owner-occupier also owns a share of the swimming pool in the next-door building, 2.47/1000 of their StWEG, so not enough for my absence to prevent the meeting being quorate. It's clear from the minutes that other owners did receive the invitation and attend the meeting - it looks like the invitation simply wasn't put in my envelope, for whatever reason.
I actually want to sell the swimming pool share back to the StWEG, and it was supposed to have been an agenda item for the 2020 meeting that didn't happen in person. I'm hoping it was just an oversight, but this has been ongoing for 2.5 years now, and I really don't want to have to wait (and pay for) yet another year when I should have had the opportunity to address it at this year's meeting.
I'm going to ask for the Verwaltung's comment on the situation but would like to know what (if anything) I can do about it if they simply say, oh we'll put it on next year's agenda.
Did you submitt your item to be included on the agenda already in 2020?
Yes, and the Verwaltung confirmed in Jan 2020 that it would be on the agenda in the meeting that March.
First I would contact the Verwaltung.to find out why no invitation was sent plus why the submitted agenda item was not included.
In addition you have the opportunity to request an extraordinary condominium meeting. The extraordinary general meeting is possible if at least one fifth of all condominium owners request it to be convened.
One can also contest the assembly/decisions within 30 days.
HEV will be able to tell you if you have any grounds.
It seems the simple solution would be to hold a meeting on your issue alone. That could be done in reasonably short order, sending the invitation 20-30 days before the meeting seems to be commonly done.
If I was the owner of an apartment and potentially purchasing (or receiving as a gift?) your part I'd want to know the costs (land registry entry, other fees, but also purchase price) in advance.
The consequence appears to be a (small) increase of the annual costs to be borne for the other owners, so you may need additional "ammo" to get their agreement than just "I want out!".