Current Vote Question
Current Vote Question
SOLUTION TO
THE LAWSUIT
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 is also the cheapest cost solution for all owners.
Chronological description of the development of the conflict.
Since the Certificate of Occupancy in Hintermoos, the property management of the house is provided exclusively by Altmann+Partner Immobilientreuhand GmbH (AM) or its legal predecessor. Over the last few years, dissatisfaction of some owners with AP's services has been growing. For example, individual owners have asked AP to:
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to discuss certain topics during the owners' meeting.
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sending information on the agenda items to be discussed in advance, including a proposed solution
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the possibility to participate in the meeting by electronic means, etc.
More info at: https://www.hintermoos.at/plan https://www.hintermoos.at/anderung
On 24.7.2022, a vote was announced in the form of a circular resolution (so that all apartment owners could express their will) on the proposal to terminate the cooperation with Altamnn & Partner and establish cooperation with the property manager ARIS Immobilientreuhand Pinzgau GmbH (Aris).
On 24.7.2022, a vote was announced in the form of a circular resolution (so that all apartment owners could express their will) on the proposal to terminate the cooperation with Altamnn & Partner and establish cooperation with the property manager ARIS Immobilientreuhand Pinzgau GmbH (Aris).
What happened after the results were published
Mr. Andreas Mathiak asked for details of the vote
1) Mr. Andreas Mathiak requested information on who voted how and asked for detailed verification by him. Some owners requested that their vote be anonymous and refused to disclose the information that Mr. Andreas Mathiak requested.
On 29.9.2022, an email was sent to Mr. Adreas Mathiak notifying him that he would receive detailed results.
2) On 29/9/2022, an email was sent to Mr. Adreas Mathiak informing him that he would receive the results of the vote and thus become the verifier of the vote.
On 29.9.2022, Ms Silke Mathiak filed a lawsuit on behalf of 11 owners at the District Court in Zell Am See.
3) Mr. Mathiak did not reply to this e-mail and on 29.9.2022 Mrs. Silke Mathiak filed a lawsuit on behalf of the 11 owners of TOP 5, 6, 12, 16, 32, 35, 41, 45, 46/47 at the District Court in Zell Am See.
What happened next
Thanks to the active communication and understanding of the owners, everyone eventually agreed to publish all the voting data. The detailed results of all owners' votes were published on 2.11.2022.
Even after disclosure of the requested information, the lawsuit was not withdrawn.
The current situation is that 41 (77,69%) owners are being sued by 11 (22,31%) owners and a court hearing is scheduled for 12.1.2023
