One management, several countries: what changes for assemblies, challenges and reserves

Andrea Brandl runs a management firm in Freilassing, on the Bavarian side of the border. Most of her associations are in Freilassing and Bad Reichenhall, and two are across the Saalach river in Salzburg. There is also a residential complex in Port d'Andratx on Mallorca, whose owners mostly come from Bavaria.

All three countries run in the same Condomana organisation. They differ in almost every period that matters for an assembly.

The country belongs to the property

Every property has a Country field. It offers the seven countries for which Condomana records a legal frame: Germany, Austria, France, Italy, Spain, Portugal and Poland. A new property gets the country of the billing address as a suggestion.

From that field Condomana derives which periods it computes and which provision it cites beside a hint. Provisions appear the way they are cited in that country, in every interface language, so the citations below stay in their original form. Where nothing is recorded for a country on a topic, Condomana shows neither a hint nor a provision. Only values checked against the statute or a secondary source are recorded.

Notice and the ordinary assembly

Ms Brandl sets the assembly for Salzburg-Lehen for 12 May. While it is a draft, the line under the date reads Send the invitations by 28 April, with § 25 Abs. 2 WEG 2002 beside it. For the complex in Port d'Andratx the hint reads For the ordinary meeting, send the invitations by …, because the Spanish period applies to the ordinary meeting only and Condomana cannot tell which kind of meeting is planned. Both are hints. Condomana holds back no invitation that goes out later.

A property's assembly overview shows when the next ordinary assembly is due. In Germany, Austria, Italy and Spain Condomana counts from the latest in-person assembly; in France, Portugal and Poland from the year end. In Poland the hint appears only for associations with more than three units.

Voting

A new agenda item gets the weighting usual in the property's country: per head in Germany, by ownership share in Austria, France, Portugal and Poland. Condomana computes the majority as a simple majority or as unanimity. In Germany and France the simple majority is the statutory rule (§ 25 Abs. 1, 2 WEG; art. 22, 24 loi n° 65-557). In Austria, Italy, Spain, Portugal and Poland the statutory majority differs, and the assembly screen says so: The statutory majority of this country is not computed by Condomana; check each result against it.

Condomana warns about proxies in two countries. In France a proxy holder may hold more than three proxies only while their own and the delegated votes together stay within 10 % of all votes (art. 22 loi n° 65-557). In Italy, in associations with more than 20 owners, one proxy holder may represent at most a fifth of the owners and a fifth of the shares (art. 67 disp. att. c.c.).

Condomana offers online participation in three countries. In Germany it needs a resolution of the community (§ 23 Abs. 1, 1a WEG), which you link on the property; the article on online and hybrid assemblies walks through it. In Austria the management can offer a hybrid assembly (§ 25 Abs. 2a WEG 2002). In Portugal the management decides on a virtual assembly and must give owners who cannot connect the means to take part (art. 1.º-A DL n.º 268/94). For France, Italy, Spain and Poland Condomana offers no online form yet.

Circular resolutions

In Germany Condomana allows circular resolutions by unanimity, or by simple majority where the owners have resolved that beforehand (§ 23 Abs. 3 WEG). Austria and Poland get the same two options, with the notice about the statutory majority. In France Condomana shows three restrictions: only a small condominium may decide this way, it needs the consent of all owners, and it may not decide on the annual budget or the annual accounts (art. 41-12 loi n° 65-557). For Italy, Spain and Portugal no statutory procedure is recorded, and Condomana notes that a circular there is an agreement of all owners.

Challenges

In the resolutions register and in the owner portal every entry shows until when it can be challenged, with the provision beside it. Condomana computes a date only where the period starts from the resolution. For Salzburg the entry reads Challenge period: it starts on a date the register does not record, since Condomana does not record when the resolution was posted in the building. For Mallorca Condomana shows both dates, three months and one year, and adds that for absent owners the period runs from the day they were informed. When a German resolution is marked as challenged, Condomana reminds you to tell the owners about the suit without delay. How the register itself is kept is covered in the article on the resolutions register.

Reserves

For four countries Condomana records a minimum reserve and checks the economic plan against it:

• Austria: from 2026 at least €1.12 per square metre and month (§ 31 WEG 2002). Condomana computes with the recorded living space and notes that the statute counts the usable floor area, which can differ.
• France: an annual contribution of at least 5 % of the budget (art. 14-2-1 loi n° 65-557). Condomana takes the budget without the reserve contributions for this.
• Spain: a fund balance of at least 10 % of the last ordinary budget (art. 9.1.f LPH). Condomana takes the balance at the start of the year plus the planned contributions and compares it with the previous year's approved plan.
• Portugal: at least 10 % of the other expenses (art. 4.º DL n.º 268/94).

If the plan falls short, Reserve below the statutory minimum appears with the calculation behind it. You can still save and approve the plan, because that decision belongs to the owners. For Germany, Italy and Poland Condomana records no minimum and so shows no warning.

What you check yourself

Where Condomana does not compute a statutory majority, you count. For Spain the national condominium act (LPH) is recorded; for a complex in Catalonia, which has its own civil law, that does not simply carry over. Austrian economic plans before 2026 have no rate per square metre recorded and get no warning. And when a resolution is disputed, the hints do not replace advice in the country concerned.

The essentials

• The property's country decides the periods, the weighting, the warnings and the provisions cited.
• Challenge periods run from 30 days to three months, and to one year in Spain for an unlawful resolution; a date appears only where the period starts from the resolution.
• In five countries Condomana does not compute the statutory majority and says so in the assembly.
• Condomana checks a minimum reserve for Austria, France, Spain and Portugal, as a warning that blocks nothing.