Exclusion from the condominium owners’ association?

• Private Clients
• Real Estate

A condominium owner who is in exceptionally serious breach of duty may be excluded from the condominium owners’ association by court order. The exclusion leads to the condominium owner having to sell his condominium unit. If the condominium owner fails to do so, the condominium unit is sold by public auction.

Extraordinarily serious breach of duty occurs when the condominium owner is no longer acceptable to the community. This is the case if the condominium owner seriously violates legal provisions or provisions of the condominium regulations. Even minor violations over a long period of time can justify exclusion. The condominium owner must take into account the conduct of any tenants, leaseholders or usufructuaries of his condominium unit.

Exclusion is the last resort when dealing with a condominium owner who has acted in breach of duty. Have it carefully checked whether the requirements for an action for exclusion are met and whether there are any alternatives.