SOLUTION TO THE LAWSUIT
= NEW VOTE
Dear co-owners, this is the solution to resolve this conflict with the eleven owners and to meet all their objections so that the entire voting process is carried out transparently and according to the applicable law.
Based on the legal analysis, a new vote is the only way to solve the problem related to the formal defects of the vote on the change of property management. The new vote, led by legal counsel, will also ensure that all formalities are met to ensure that owners do not have to sue in the future.
Description of the current situation
Due to the fact that eleven co-owners filed a lawsuit in the court in Zell Am See, the majority group of owners has become part of the court proceedings, effectively polarising the parties to the conflict into plaintiffs and defendants.
The eleven co-owners iniciated a lawsuit with the court in Zell Am See, which divided the owners into two parties and made us all parties to the (court) proceedings.
The defendants (41 co-owners of the flats) are the persons against whom the plaintiff has brought the action in court and who are now defending it.
If none of the defendant owners attend the court hearing, the costs of the court hearing must be paid by the plaintiff owners.
Even after disclosure of the requested information, the lawsuit was not withdrawn. The only solution that is acceptable to Mr. Andreas Mathiak, who represents eleven apartment owners, is a new vote.
RESPECT THE CO-OWNERS
We don't think it's right to sue our co-owners. Our community and communication between owners must be based on mutual respect, transparency and understanding between owners.
UNDERSTANDING THE RULES
The conflict which has been pointed out by the 11 owners is due to a lack of awareness in the voting process among the owners. Therefore, we need to resolve it so that every owner knows how each vote should start - how it should proceed - how it should be evaluated and how the results should be published. This will be helpful not only for the owners, but especially for property management company.
The following procedure describes the time milestones of the new voting process.
START NEW VOTE
To resolve the situation and reduce owner frustration, a new vote needs to be held as soon as possible. Therefore, a new vote is set from 16 January 2023 to 17 February 2023. The vote will take the form of a circular resolution.
The plaintiff requests that Altmann & Partner also submit its quotation for services. During the vote, it will be possible to communicate with ARIS and Altmann & Partner regarding their offers.
The entire voting process will be overseen by a law firm that will guarantee the accuracy of the vote.
WHAT WE NEED FROM YOU
SET THE RULES
The goal is to satisfy the plaintiff owners who are demanding transparent rules for all future votes. Therefore, to meet this requirement, legal assistance and oversight of the vote is necessary.
This is the only one way to ensure the correctness and legitimacy of the vote according to the applicable laws of the Republic of Austria. Therefore, please register your agreement to this procedure.
WHY IS THIS SOLUTION GOOD FOR ALL OWNERS ?
SET THE TRANSPARENCY
Based on this experience and the legal documentation for the vote, we will then require that all future votes held by apartment owners or property management be conducted in this form.
The new standard for all votes held by property owners or property management company (no matter whether the owners choose ARIS or Altmann & Partner). The correct procedure will be published for all owners and this information will be available to all.
The goal is to satisfy the plaintiff owners and set transparent rules for all future votes. Therefore, to meet this requirement, legal assistance and oversight of the vote is necessary. This is the only one way to ensure the correctness and legitimacy of the vote according to the applicable laws of the Republic of Austria. We therefore ask for your support. Please register on this website that you agree with this procedure.
The total number of owners who are registered:
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