Many smaller homeowners' associations in Switzerland choose to manage themselves. While this saves the traditional management fee, it comes with legal pitfalls that can prove costly in serious situations. Those who self-manage bear the responsibility of ensuring that the statutory requirements of the Civil Code (ZGB) and their own regulations are strictly adhered to.
Here are the critical points you need to have under control when self-managing:
1. Proper bookkeeping is not optional – it's mandatory
The law requires proper accounting. When self-managing, a simple Excel spreadsheet is often not sufficient to withstand legal scrutiny – or the scrutiny of critical co-owners.
- Legal compliance: The annual accounts must include a balance sheet and income statement.
- Distribution key: Costs must be allocated precisely according to the value quotas or special keys defined in the regulations. Errors here can render the entire annual accounts contestable.
2. Liability risks for the delegate
Whoever takes on the management role (often referred to as the "delegate") acts on behalf of the community.
- Duty of care: In cases of gross negligence (e.g. forgotten insurance premiums or incorrectly calculated ancillary costs), the self-managing owner can be held personally liable.
- Tip: Check whether your private liability insurance covers such activities – in most cases, it does not.
3. Procedural errors at the owners' meeting
The owners' meeting is the supreme governing body of the HOA. Procedural errors in the invitation or conduct of the meeting can render all resolutions passed null and void.
- Notice period: If the period stipulated in the regulations (often 10 to 20 days) is not observed, the meeting has not been properly convened.
- Agenda: As a rule, no binding decisions may be made on matters that were not on the agenda.
4. Maintenance and reserve fund
A common mistake in self-management is the neglect of long-term planning.
- Renewal fund: Contributions must be collected in accordance with the resolution and kept in a legally separate account from the current operating account.
- Construction work: If renovations are started without proper resolution or without obtaining the necessary majorities (simple vs. qualified majority), lengthy legal disputes among neighbours may follow.
5. Minutes: The most important document
The minutes serve as evidence of all decisions made. In self-managed communities, this is often treated as an afterthought.
- Content: Minutes of resolutions must contain at least the motions put forward and the exact voting results.
- Objection period: Upon delivery of the minutes, dissenting owners have a 30-day period to contest resolutions (Art. 712m ZGB). Without delivery of the minutes, this period theoretically never begins.
Conclusion: Relief instead of risk
Self-management means full responsibility. Many communities find after some time that the administrative burden and legal risk are disproportionate to the savings made.
The solution: With our "HOA Accounting" model, you retain the sovereignty of your self-management while handing over the risky and time-consuming areas – bookkeeping and payment transactions – to professional hands. This keeps you legally protected without having to finance a costly full management service.