The combination of deadlines here is the tightest in the whole route: one month to file the claim and two months to substantiate it, both counted from the day the resolution was passed, not from receipt of the minutes. The claim is directed against the community of owners, and the judgment binds everyone, including those who took no part. So an assessment belongs in the first days after the meeting rather than after the post arrives: a phone consultation such as KLUGO↗ clarifies whether a resolution is void or merely voidable, and whether a claim stands a chance at all.
Challenge the resolution within the deadline
A resolution nobody challenges stands — even where it breaches the law. The only exception is void resolutions, and that boundary has to be understood immediately.
✓ Verified: 11/08/2026
WHAT TO DO
› Details and tips
👨🏻💻
Max recommends:
Count the month from the meeting, not from the minutes. Minutes often arrive two or three weeks later, and whoever waits for paper finds the deadline nearly gone.
👩🏼💼
Lea recommends:
A lost claim is paid for by the claimant, a won one changes the position for the whole building. Before filing it is worth asking who else in the building shares the objection — not as co-claimants, but it helps assemble the facts.
Useful Tools
- Verbraucherzentrale Legal
Consumer protection centres.
FREQUENTLY ASKED QUESTIONS
What happens if the month passes? ▾
The resolution remains valid. The statute is explicit: a resolution is valid as long as it has not been declared invalid by a final judgment. Unlawfulness alone does not remove it.
Which resolutions are void without any claim? ▾
A resolution is void where it breaches a rule that cannot validly be waived. Voidness can then be established later too, but the line is drawn by the rule, not by a sense of unfairness.
Who is the defendant? ▾
The community of owners. The manager must inform the owners of the claim without delay, and the judgment binds all of them, even those who were not parties.
Which court has jurisdiction? ▾
The court for the district in which the property lies: it has exclusive jurisdiction for disputes among owners, between the community and owners, for disputes with the manager, and for claims about resolutions.
And if a necessary resolution is never passed? ▾
The law then provides a claim for a substitute resolution: where a necessary resolution is omitted, the court may pass the resolution itself on the claim of an owner.