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Helvetia ImmoWorld Ratgeber: Rechtsberatung Stickwerkeigentum
CHF 160.- discount on legal advice

Legal advice. What to watch out for when purchasing real estate.

Condominium ownership is a special form of co-ownership by which you acquire a certain share in a property. That entails both rights and obligations. YLEX offers fast, professional support with legal issues – regardless of whether you have made a claim. YLEX is giving all Helvetia customers legal advice to the value of CHF 160.–.
Condominium ownership briefly explained
Condominium ownership is a special form of co-ownership. As a buyer of a condominium, you acquire a special right to your own flat as well as a share in the entire property. This share, also called the ownership interest, is entered in the land register and plays a central role in the division of the shared costs. As a condominium owner, you must contribute to the maintenance costs of the common components and to the operating costs in proportion to your share.
Right of use

As the owner, you are free to make use of your apartment and ancillary rooms like your basement, hobby room or attic. However, this right ends at the door to your apartment. Common property cannot be used or altered without the co-owners’ consent. Changes to the following parts of a building must be decided on by all co-owners:

  • Facade
  • Balcony
  • Stairwell
  • Entrance door to building
  • Patio
  • Parking space
  • Green spaces
  • Roof-top terrace
Votes of the association of condominium owners

Voting is always on the basis of one owner, one vote. That means every owner has one vote, regardless of how many units they own or how large their ownership interest is. Unless agreed otherwise in the regulations, an absolute majority is required. If all formal requirements for a vote are met, all members of the association of condominium owners must accept the decision taken.

A decision may be contested only if it violates the regulations or any laws. Owners that voted against the motion are entitled to contest it. The legal challenge must be submitted to the competent court within one month of learning of the decision.

Regulations

The association of condominium owners may lay down regulations to clarify various issues between the association’s members. While there is no legal obligation to formulate regulations of this kind, any condominium owner may request them. Such regulations govern, in particular, the distribution of shared costs, the amount paid into the property maintenance reserve, and when and how meetings of the condominium owners are to be held.

Shared costs

Condominium owners must bear a portion of the shared costs. Their share is proportionate to their ownership interest. They are also obliged to contribute to the maintenance reserve if one has been established. Before buying a condominium, you should read the corresponding regulations very carefully. That way you can rule out any uncertainties that could potentially become a source of conflict. It is also worthwhile obtaining information on any imminent renovation work and on the balance of the maintenance reserve so as to be able to estimate any future expenses.

What to watch out for when purchasing real estate.
Buying a house or apartment is a big step. Pay attention to the following points when buying real estate.
Let us advise you. Request legal advice now.

YLEX offers fast, professional support with legal issues – regardless of whether you have made a claim. YLEX is giving all Helvetia customers legal advice to the value of CHF 160.–. You can consult with YLEX’s legal experts in person at the YLEX Stores in Bern, St. Gallen, Winterthur and Zurich as well as over the phone or via WhatsApp or Threema.

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