Current Vote Question
Current Vote Question
Date: 8.1.2023
THE SOLUTION TO NOT PAYING THE COSTS OF COURT PROCEEDINGS IS NOT TO GO TO COURT.
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, with the support of the law firm, will also ensure that all formalities are met so that owners do not have to go to court in the future.
The solution not to pay or possibly maximum reduce the cost of court hearings is not to go to court. The current cost of the court hearing is around €3,400. In case one of the defendant owners attends the court hearing, each of us will pay approximately € 83 per owner.
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 court may decide that the costs of the hearing should 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Even after disclosure of the requested information, the lawsuit was not withdrawn.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.
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).
