Conflicts in shared residential buildings often arise not from malice, but from lack of clarity. One owner regularly parks in the communal garden, another leaves their dog unsupervised in the stairwell, a tenant throws parties until midnight. The property management or building manager wants to intervene — but how? Without a legally sound house rule and clear enforcement mechanisms, every attempt leads to conflict, objection, and potentially costly court proceedings.

This article covers the legal and practical aspects of house rules in apartment ownership under Austrian law. We show when a house rule is binding, how it is adopted, what evidence is needed for violations, and how injunction claims are enforced. Note: This text provides factual guidance but does not replace individual legal advice. For specific conflicts, you should consult with a lawyer.

The essentials at a glance

A house rule is only binding if it has been adopted by the apartment owners’ assembly — oral agreements or rules issued by the property manager do not count.
Violations must be documented: photos, witness statements, diary entries or police reports serve as evidence in court.
The first step is a written warning (notice of violation), in which the violation is specifically named and a reasonable deadline for cessation is set.
Anyone who ignores the warning can be sued for injunction — but the plaintiff must prove that the violation is repeatable.
The costs of a proceeding can be substantial; mediation or out-of-court settlement often save time and money.
House rules that are unreasonably strict or interfere with private rights can be found invalid by courts.

What it’s about: House rules and their limits

A house rule is a set of regulations that governs cohabitation in a residential building. It typically regulates quiet hours, cleaning of common areas, parking space use, pet ownership, waste management and noise protection. Unlike other house rules (such as in hotels or office buildings), the house rule in apartment ownership has a special status: it is not merely an administrative act, but must be adopted by the owners’ assembly and is binding on all owners and their tenants.

House rules are relevant to all apartment owners, tenants and property managers. They are particularly important when cohabitation is strained or when individuals repeatedly violate unwritten rules. Without a written house rule adopted by resolution, it is difficult to enforce violations legally — the court will ask what the claim is based on.

In Austria, the house rule is not explicitly regulated in the Apartment Ownership Act (Wohnungseigentumsgesetz, WEG), but the owners’ assembly has the right and duty to establish rules for cohabitation. However, these rules must be proportionate and may not interfere with personal rights. A house rule that, for example, prohibits visitors or generally bans pets can be struck down by the court.

Fundamentals: Resolution, validity and legal limits

A valid house rule is created by a resolution of the apartment owners’ assembly. This means concretely: the owners meet (or vote in writing), discuss the rule text and adopt it with the required majority. In most cases, a simple majority is sufficient; some communities, however, also require a two-thirds majority. The resolution must be documented in the minutes of the assembly.

After that, the house rule is binding on all owners. If an owner takes a tenant into the apartment, the tenant must also comply with the house rule — this follows from the lease and the Apartment Ownership Act. Visitors and guests are not formally bound, but the owner is liable for their conduct.

Distinction: House rule, house regulations and informal agreements

A house rule is not the same as a house regulation or an informal agreement. If the property manager posts a notice that grilling on the balcony is prohibited after 8 p.m., that has no binding force as long as the owners’ assembly has not adopted it. An owner could argue that they did not read the notice or that the rule was not lawfully established.

Informal agreements (“We have all agreed that music should be quiet after 10 p.m.”) are also not enforceable. They can be morally binding, but they do not count in court.

Limits of house rules

Not everything the owners decide is legally permissible. The house rule must be proportionate and may not interfere with fundamental rights. Examples of invalid clauses:

A general ban on pets (the right to keep an animal is protected by the Austrian Civil Code).
A ban on receiving visitors.
Unlimited blocking of common areas for individual owners.
Rules that have a discriminatory effect (e.g., “tenants with children pay higher ancillary costs”).

Such clauses can be found invalid by a court if an owner challenges them. Therefore, it is advisable for the property manager or a lawyer to review the house rule before adoption.

What matters in practice: Evidence and documentation

The decisive point in enforcing a house rule is provability. Whoever claims a violation must be able to prove that it actually occurred. This sounds simple, but in practice it is often difficult.

The following evidence is relevant in court:

Personal observation and diary: If you have personally observed the violation, you can testify as a witness. A diary in which you note the date, time and nature of the violation is helpful. Particularly valuable is documenting multiple incidents — then a pattern emerges.
Photos and videos: A photo of the dog in the stairwell or the bicycle in the driveway is informative. Videos of noise violations are weaker, as it is difficult to objectively prove the volume.
Witness statements: Neighbors who also observed the violation can testify in court. However, witness testimony is subjective and can be challenged.
Police report: If there has been noise disturbance or violence and the police have been called, the police report is strong evidence.
Measurement protocols: For noise violations, a sound measurement device can provide insight. However, the measurement must be performed by a specialist to be recognized in court.
Confirmation by the property manager: If the property manager has personally observed the violation, they can testify or issue a protocol.

The evidentiary requirements in civil proceedings are not as strict as in criminal proceedings. It is sufficient if the violation is “more probable than not” to have occurred. Nevertheless, documentation should be careful — the more complete the evidence, the better the chances in court.

Type of evidence	Probative value	Notes
Personal observation with diary	Medium to high	Multiple entries strengthen credibility
Photos/videos	High	Must be taken promptly, context should be clear
Witness statements	Medium	Subjective, can be challenged by the other side
Police report	Very high	Official document, difficult to challenge
Measurement protocols (noise)	High	Must be prepared by a specialist
Property manager protocol	High	Objective, documented by a neutral party

Step by step: How to proceed in case of violations

If a violation of the house rule occurs, enforcement should be systematic. Here is the typical procedure:

Documentation (Duration: ongoing): Collect evidence of the violation. Note the date, time and nature of the violation. Take photos or videos if possible. Talk to neighbors to secure witness statements. Contact: yourself, if necessary neighbors or the property manager.
Informal conversation (Duration: 1–2 weeks): If you are the affected owner or tenant, you can first have a calm conversation with the person responsible. Often a personal word helps more than a formal letter. Contact: the affected owner or tenant.
Written warning/notice of violation (Duration: 1–2 weeks preparation): If the informal conversation does not help or if you are acting as a property manager, send a written warning. This must specifically name the violation, cite the house rule provision and set a reasonable deadline for cessation (usually 1–2 weeks). The warning should come from the property manager or building manager. Contact: property manager or lawyer (for wording).
Reminder and notice of legal action (Duration: 1–2 weeks): If the violation is not remedied after the deadline expires, a second letter follows in which you announce that you will take legal action. Contact: property manager or lawyer.
Lawsuit for injunction (Duration: 3–12 months): If the reminder also does not help, you can file a lawsuit for injunction in court. The plaintiff (usually the property manager on behalf of the community or an individual owner) must prove that the violation is repeatable and that the house rule was validly adopted. Contact: lawyer or attorney.
Court decision and enforcement (Duration: 1–6 months after judgment): If the court grants the lawsuit, a judgment for injunction is issued. The person responsible must then cease the action. In case of non-compliance, fines may be imposed. Contact: court, court bailiff.

Important: The deadline between steps should not be too short. If you sue too quickly without first sending a warning, the court may dismiss the lawsuit as unfounded. Also, the warning should be concrete and fair — a vague threat does not help.

Case example: Parking space conflict in a Vienna residential complex

Imagine: In a residential complex in Vienna-Favoriten, there are 20 apartments and 15 parking spaces. The house rule states that each owner is assigned a parking space and that parking spaces may not be used for private storage or repairs. The owner of apartment No. 5 regularly parks their trailer in the parking space and uses it as a workshop — they repair their car there and leave oil on the concrete.

Scenario 1: Quick settlement

The property manager documents the violation with photos and sends a written warning on January 15: “According to house rule § 4, the use of parking spaces for storage or repairs is prohibited. We require you to remedy this condition by January 31.” The owner responds angrily but relents and removes the trailer. Costs: 0 euros (only time for documentation and letter).

Scenario 2: Court proceedings

The owner does not respond to the warning and continues to park the trailer there. The property manager sends a reminder on February 5 and announces legal action. The owner ignores that as well. On March 1, the property manager files a lawsuit for injunction. Attorney costs are approximately 500–1,000 euros (rough estimate). The proceeding takes 6–9 months. The court orders the owner to cease and orders cost reimbursement. In addition, the owner must cover the costs of the other side. Total costs: 1,500–2,500 euros (rough estimate, depending on complexity and attorney fees).

This example shows: the earlier and clearer the communication, the lower the costs. A warning costs almost nothing, but it is often effective.

Common mistakes and how to avoid them

Mistake: No written house rule, only oral agreements Why it’s expensive: Without a written house rule, you cannot prove in court that a rule existed. The court will dismiss the lawsuit. Remedy: Have the house rule adopted by the owners’ assembly and document it in the minutes.
Mistake: Warning is too vague or too brief Why it’s expensive: A warning like “Please observe the house rule” is not specific enough. The court will say that the person responsible did not know exactly what to cease. Remedy: Name the specific violation (“You regularly park in the communal garden”), cite the house rule provision (“§ 3 para. 2”) and set a deadline (“by February 15”).
Mistake: No evidence, only statements Why it’s expensive: If you only say “The neighbor makes noise every night” but have no documentation, the court will not recognize it. Remedy: Keep a diary, take photos, secure witness statements, if necessary call the police.
Mistake: Too rapid escalation without prior warning Why it’s expensive: If you sue directly without first sending a warning, the court may dismiss the lawsuit as unfounded. The court expects that you have given the person responsible the opportunity to remedy the violation. Remedy: Always warn first, then remind, then sue.
Mistake: House rule with invalid clauses Why it’s expensive: If the house rule contains provisions that interfere with fundamental rights (e.g., a general ban on pets), the person responsible can dismiss the lawsuit by challenging the house rule. The proceeding will be longer and more expensive. Remedy: Have the house rule reviewed by a lawyer before adoption.
Mistake: No distinction between owner and tenant Why it’s expensive: If the person responsible is a tenant, you cannot sue them directly — you must sue the owner. This prolongs the proceeding. Remedy: First clarify who the owner is and direct the warning to them.

Checklist: Enforcement of a house rule

Is the house rule written and documented in the minutes of the assembly?
Has the house rule been reviewed by a lawyer to exclude invalid clauses?
Have you documented the violation (diary, photos, witnesses, police report)?
Have you sent a concrete, written warning with a deadline?
Have you sent the warning by registered mail or email with read receipt?
Have you checked after the deadline whether the violation has been remedied?
Have you sent a reminder before filing a lawsuit?
Have you consulted a lawyer before suing?

Frequently asked questions

Who is the contact for violations — the property management or the building manager?

The property management (as a company or person) is typically the contact. The building manager is the employee of the property management. In smaller buildings, it can also be a building manager appointed directly by the owners’ assembly. Important: The warning should come from the property management or building manager, not from individual owners — this is more official and legally secure.

Can I as an individual owner sue another owner, or must the property management sue?

Both options are possible. An individual owner can sue directly if they are affected by the violation. The property management can also sue on behalf of the community. In practice, however, it is better if the property management sues, because the proceeding is then clearer and the property management acts as a neutral party.

How long does an injunction proceeding take in court?

This depends on the court and the complexity of the case. A simple case (e.g., parking space violation with clear evidence) can be decided in 3–6 months. A complex case (e.g., noise disturbance with disputed witness statements) can take 12–18 months. Add to this the time for enforcement if the person responsible does not comply with the judgment.

What does an injunction proceeding cost?

The costs depend on the attorney fee, the duration of the proceeding and the complexity. A simple proceeding typically costs 1,000–2,000 euros (rough estimate for attorney and court). A complex proceeding can cost 3,000–5,000 euros or more. Important: If the court grants the lawsuit, the person responsible must pay the costs. If the lawsuit is dismissed, the plaintiff bears the costs.

Can the house rule be changed later?

Yes, the house rule can be changed or supplemented at any time by the owners’ assembly. A change requires another resolution, usually with a simple majority. Important: Changes typically apply only to future violations, not retroactively. If you want to tighten a rule, you should communicate this in good time.

What is the difference between injunction and damages?

Injunction means that the person responsible may no longer perform an action. Damages means that the person responsible must pay money to compensate for a loss. In house rule violations, an injunction is typically sought. Damages come into question only if the violation has resulted in measurable damage (e.g., oil stain on the parking space that needs to be removed).

How Simon Immobilien supports you

If you have questions about house rules, documenting violations or the legal classification of a conflict, you can contact Simon Immobilien. We support owners and property managers in clarifying house rule questions and in preparing proceedings. For non-binding advice, contact us at https://www.simon-immobilien.at/en/contact. Further information on real estate and apartment ownership can be found in our property guide.