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Short-term letting and forced sale of a unit: the Supreme Court's decision and its consequences
30/12 2023 Eduard Mráz Copy URLShare

Short-term letting and forced sale of a unit: the Supreme Court's decision and its consequences

1. Limitation of the rights of unit owners:

According to a recent decision of the Supreme Court of the Czech Republic (file no. 26 Cdo 854/2022), a unit owners' association (HOA) cannot, through its statutes, restrict the rights of unit owners, including the right to short-term rental of their apartment. This decision represents a significant milestone in the protection of owners' rights and provides clear guidance for the management of condominium units.

2. Procedure in case of forced sale of a unit:

The Supreme Court also emphasized the ability of the HOA to petition the court for a forced sale of the unit if the owner is in breach of his or her obligations. The procedure is as follows:

(a) Written warning to the owner: Before filing a motion to sell the unit, the HOA must send a written warning to the owner. This warning should state the reasons for the warning, warn of the possibility of a forced sale, and request that the violation cease. The owner must be given a reasonable period of time to cure, at least 30 days.

(b) Consent of a majority of unit owners: the HOA must obtain the consent of a majority of all unit owners to file a forced sale petition. In determining this majority, the vote of the owner affected by the forced sale shall not be considered.


This Supreme Court decision emphasizes the importance of compliance with the laws and procedures within a condominium association. It is a key precedent for resolving disputes between HOAs and unit owners, particularly in the context of short-term rentals and forced sales. Unit owners and HOA governing bodies should be well versed in these rules and procedures to ensure fair and efficient management of the condominium. 
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