Contestation of resolutions of the condominium owners’ meeting

• Private Clients
• Real Estate
• SME

Contesting resolutions of the condominium owners’ meeting is an important instrument for condominium owners to protect their rights. This blog post sheds light on the legal basis, deadlines and requirements for a successful challenge.

Legal basis

The condominium owners’ meeting is the supreme body of the condominium owners’ association and decides on important matters such as construction measures or the management of the common property. The legal basis can be found in Articles 712m to 712t of the Swiss Civil Code (ZGB). The provisions of association law (Art. 75 ZGB) also apply.

Resolutions can be contested if they are contrary to:

• legal regulations,
• the community rules (articles of association, regulations) or
• previous resolutions.

Grounds for contestation

Resolutions can be contested on various grounds, including

• Formal defects: e.g. lack of invitation to the meeting or incorrect minutes.
• Material defects: e.g. unfair distribution of costs or decisions outside the competence of the meeting.
• serious violations of the law: e.g. violations of personal rights or allocation of common property as a special right.

A resolution is deemed null and void if it contains serious violations of the law, such as the disregard of mandatory provisions. Any owner can invoke nullity for an unlimited period of time. Contestable resolutions, on the other hand, remain effective until they are cancelled by a court.

Requirements for contestation

• No consent to the resolution: Only owners who have not voted in favour of the resolution (e.g. by voting against or abstaining) are entitled to sue.
• Compliance with the one-month deadline: The complaint must be submitted to the competent conciliation authority within one month of becoming aware of the resolution. The time limit begins with the delivery of the minutes or the date of the meeting if the owner was present.
• Correct defendant: The action is to be brought against the condominium owners’ association and not against individual members.

Procedure and consequences

The challenge is made by filing a complaint with an arbitration authority or with the court. During the proceedings, the decision remains valid in principle, unless a court decides otherwise.

Practical tips

• Check documentation: Ensure that invitations and minutes are correct.
• Adhere to deadlines: Posting the request for arbitration within the one-month period is decisive.
• Obtain legal advice: In complex cases, it is advisable to seek the support of a specialist.

Contesting a resolution offers owners an important means of safeguarding their rights within the community – provided they act in a timely and formally correct manner.