Expert Advice: Can Apartment Owners Claim Deductions for Management Costs Despite Infrequent Meetings?

Is it possible to decrease administration costs by eliminating house meetings?

Experts are available to answer reader questions on the KURIER telephone on April 15, 2024, from 10 a.m. to 11 a.m. You can call 05 9030 22337 to get your questions answered. Additionally, experts are available every second Monday on the COURIER-Telephone, where you can call or email your questions to [email protected].

A reader asks about claiming a deduction for management costs as an apartment owner who had a house meeting in March 2019 and again in January 2024, even though the property manager’s legal obligation is to call a meeting every two years. Walter Rosifka, a housing law expert from the Chamber of Labor, responds that if an administrator grossly breaches their duties, the homeowners’ association can demand a reduction in the fee agreed upon with the administrator, proportional to the reduced benefit from their administrative activities. It’s important to note that a court may not necessarily view the failure to call an owners’ meeting for almost five years as a “gross” breach of duty, especially considering the disruptions and uncertainties during the Corona pandemic.

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