Reimbursement of the costs of the condominium administrator.
January 6, 2013 | 35,00 EUR | answered by Bernhard Müller
My appeal against the owners' association was decided against me. The legal costs of the opposing party were paid by me.
The property management is now claiming their expenses amounting to €170.
In the management contract, "costs related to appeals against resolutions" are agreed upon as special services.
However, during my research on the internet, I came across conflicting information that was not clearly interpretable for me as a layperson.
Is there a clear legal situation for my case or is there still a loophole?
Thank you and kind regards.
Dear inquirer,
Costs related to legal challenge are the costs that arise from the fact that the other owners, represented by the administrator, hired a lawyer. You have paid for this lawyer.
If the administrator incurred costs for possibly being questioned as a witness in court, he would have to specify and provide evidence of these costs in the cost assessment application requesting the determination of legal fees.
The administrator would only have provided a special service related to the legal challenge if he had represented the other owners in court himself without hiring a lawyer.
This is possible at the district court. However, the administrator has decided not to provide a special service, but to delegate this task to a lawyer.
Therefore, I see no reason why you should pay the 170.00 euros.
Best regards,
Bernhard Müller, Lawyer
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