🏢 Condominium ownership: meeting, resolution, manager, service charge
In brief
If you own a condominium flat, you belong to the owners' association (Eigentümergemeinschaft). The manager (Verwalter) calls a meeting at least once a year. The invitation should be in text form and normally arrive at least three weeks beforehand.
Resolutions are decided by the majority of votes cast. Each owner has one vote.
If you disagree with a resolution, you must sue within one month of the resolution and give your reasons within two months. Otherwise the resolution stands.
You pay the service charge (Hausgeld) as an advance according to the budget plan. After the year there is the annual statement.
Step by step
- Read the invitationCheck the agenda and documents. Attend or give a proxy in text form.
- VoteVote on the budget plan, the statement and measures.
- Check the minutesCheck the minutes and the collection of resolutions.
- Consider a challengeGet advice and observe the one-month deadline for suing.
Deadlines
- If you miss the one-month deadline, you can normally no longer challenge the resolution.
- Structural changes require a resolution; for certain purposes there is a claim (§ 20 Abs. 2 WEG).
- The manager can be dismissed at any time; the contract ends at the latest six months later.
- A certified manager can be demanded if none has been appointed and exceptions do not apply (§ 19 WEG).
In depth · legal basis, figures and practice – for advisers and professionals
Meeting
§ 24 WEG: Abs. 1: the manager must convene a meeting at least once a year (unconditional). Abs. 2: in addition, the manager must convene one if more than a quarter of the owners demand it in text form stating purpose and reasons. Unless there is a case of particular urgency, the invitation should be sent in text form at least three weeks beforehand. The manager chairs the meeting unless the meeting decides otherwise. Minutes must be drawn up of resolutions; a collection of resolutions must be kept.
Resolutions and voting rights
§ 25 WEG: the majority of votes cast decides. Each owner has one vote. Proxies require text form. An owner has no voting right if the subject is a legal transaction with that owner or a legal dispute with that owner (Abs. 4). An owner who has been finally sentenced under § 17 also has no voting right, regardless of the subject of the resolution.
Challenge
§ 45 WEG: the challenge lawsuit must be filed within one month of the resolution and reasons given within two months of the resolution. §§ 233 to 238 ZPO apply to reinstatement.
Structural changes
§ 20 WEG: structural changes can be resolved or permitted to an owner by resolution. There is a claim to reasonable structural changes for accessibility, electric mobility, burglary protection, fast internet and plug-in solar devices (Abs. 2). Abs. 4: fundamental redesigns or unreasonable disadvantage are excluded.
Manager, budget plan, statement
§ 26 WEG: Abs. 2: appointment at most five years; three years apply only to the first appointment after condominium ownership is established; reappointment at the earliest one year before expiry; can be dismissed at any time, contract ends at the latest six months later; mandatory law. § 28 WEG: the manager draws up a budget plan every year with advances for covering costs and reserves; after the end of the year the annual statement follows, the owners decide on additional payments or adjustment of the advances; an asset report with the state of the reserves must be made available to each owner. § 19 WEG: proper management includes house rules, maintenance, insurance, an appropriate maintenance reserve, advances and the appointment of a certified manager (with exceptions).
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