The homeowners' association liens are special security rights that the community of owners or individual owners have against co-owners who are in arrears with certain payment obligations. GIBEL ZIRM attorneys at law will help you to enforce your claims.
Services and offer on residential property law
For which claims is the preferential lien suitable?
The preferential lien serves to secure the claims of the community of owners, such as outstanding operating cost advances or special advances. In addition, individual owners who have made advance payments on behalf of the defaulting co-owner also have the option of asserting a preferential lien.
Legal advantage through early protection
When used correctly, the homeowners' association liens offer a clear advantage when enforcing outstanding claims against a condominium owner. In the event of a forced sale of the condominium property, the claims covered by the lien are satisfied before all other creditors entered in the land register (such as banks in particular), which is particularly advantageous in the event of the condominium owner's insolvency. This applies even if other creditors have had their claims entered in the land register "earlier".
However, in order for the claim to actually be given priority in the execution proceedings, various legal requirements must be met and deadlines observed. In particular, it is important that the claim is asserted in court together with the application for entry in the land register within six months of the claim arising.
Enforcement of your rights by our team of experts
With the homeowners' association liens, the German Condominium Act provides an effective instrument to protect the community of owners or individual owners against payment defaults by co-owners in good time and thus minimize economic risks.
Our lawyers regularly represent communities of owners and property management companies in the effective enforcement of their claims. We take care of the entire enforcement process, from examining your claim, filing a claim in good time and coordinating with the property management to registering a lien in the land register. In addition, if the worst comes to the worst, we also represent you in liquidation and insolvency proceedings to ensure that legitimate claims of the community of owners are not lost.
