How does decision-making work in a community of owners?

A community of owners does not make its decisions arbitrarily but by resolution. Voting is usually by co-ownership shares, not by head. Different majorities and formal requirements apply depending on the subject. This order keeps the community able to act and makes decisions binding on everyone.

How a resolution comes about

Forming a decision

Resolutions are usually passed at the owners' meeting, but can also be passed in writing by circulation. All owners must be involved and informed about the subject.

Majorities

For day-to-day management a majority by shares is sufficient in many cases. Stricter requirements may apply to far-reaching measures. The precise allocation follows the Austrian Freehold Property Act, see What does the Freehold Property Act govern?.

Challenging a resolution

Owners who consider a resolution unlawful may challenge it within certain deadlines. That is why proper minutes and observing deadlines matter so much.

A well-prepared resolution holds up even when someone asks questions later.

Common pitfalls

Many resolutions fail not on their substance but on their form. If not all owners are properly involved, if deadlines are missed or if the minutes remain unclear, the decision becomes open to attack. Vaguely worded motions also lead to later disputes about what was actually meant. Another common mistake is that resolutions are not properly documented and not communicated to owners in a way they can follow. That is why we place great value on proper notices, clear wording and complete minutes. That way your resolutions hold up even when individual owners ask questions afterwards or doubt a decision, and your community remains able to act at all times.

The role of the management company

We prepare meetings in a structured way, word motions clearly and document the results so they can be followed. That reduces conflict and makes decisions legally sound. The duties individual owners have are shown in What duties does the owner of a freehold flat have?. With legal expertise and experience since 1988 we guide your community of owners safely through every decision. On request we take on the entire preparation, give notice in good time and chair the meeting, so that every resolution is properly passed and remains clear to everyone. Talk to us.