The administration of the common property is carried out by the condominium owners, the administrator as well as – if existing – the management advisory board, § 20 German Condominium Act (WEG).
Owners meeting, decision making
According to §§ 21 ff. According to the German Condominium Act (WEG), all condominium owners are jointly responsible for the administration of the common property, unless otherwise stipulated in the WEG or in an agreement between the condominium owners.
Basis of the administration are thereby regularly resolutions, on which the owners decide in an owner meeting. According to § 24 WEG, the owners' meeting is convened by the manager at least once a year.
For a resolution to be formally valid, it is first necessary for the owners' meeting to be convened in a formally effective manner and for the subject matter of the resolution to already be stated in the invitation to the owners' meeting. In addition, the owners' meeting must have a quorum and the respective resolution must achieve the necessary majority according to § 25 WEG.
Minutes are kept of the owners' meeting in which the resolutions passed are recorded.
In this context, a resolution recorded in the minutes is generally considered valid as long as it has not been declared invalid by a final and absolute judgment. Only resolutions that violate mandatory legal provisions to be observed are null and void and thus invalid from the outset.
Administrator
The steward becomes gem. According to § 26 WEG also elected by a resolution of the condominium owners' meeting, whereby the election may take place in each case only for maximally five years and must be repeated thereafter by renewed resolution.
Task of the administrator is
- To carry out resolutions of the condominium owners and to ensure the implementation of the house rules;
- Take the necessary measures for the proper maintenance and repair of the common property;
- in urgent cases to take other measures necessary for the preservation of the community property;
- To request, receive and pay contributions to charges and costs, redemption amounts and mortgage interest, insofar as these are common matters of the condominium owners;
- to arrange and receive all payments and services related to the ongoing management of the common property;
- to manage funds collected;
- promptly notify the unit owners that litigation is pending for or against the condominium association;
- to make the declarations necessary to carry out a proper in accordance with § 21 WEG.
The elected administrator is the representative body of the condominium owners' association, and as such is entitled to make declarations and take actions on behalf of all condominium owners and the condominium owners' association to the extent specified in § 26 WEG and to accept declarations and deliveries.
If no administrator has been elected or an elected administrator is not authorized to represent, all apartment owners represent the community.
Management board
The apartment owners can vote according to. In accordance with § 29 WEG, a management advisory board shall be elected by a majority vote, consisting of one condominium owner as chairman and two other condominium owners as assessors.
The management advisory board supports the administrator in the execution of his tasks. It is to examine the economic plan, the account over the economic plan, rendering of accounts and cost estimates and provide with an opinion, before the Wohnungseigentumerversammlung decides on it.
Recommendation from the lawyer
The legal basics about condominium law may seem straightforward. In practice, however, the management of a homeowners' association is complex, with a wide variety of possible legal problems. The interests of individual owners who live together in a comparatively small space often differ considerably from one another.
In addition, adverse and possibly ineffective resolutions must be challenged in court within a period of only one month, unless they are to be given final effect.
There are therefore numerous good reasons to seek the advice of a lawyer specializing in condominium law at an early stage in the event of differences, in order to lay the foundations for successful enforcement of the law at an early stage, but also to avoid unnecessary disputes and often considerable costs.
I advise and represent condominium associations as well as individual owners in condominium law. Therefore, please feel free to contact me in order to first find out whether in your case legal advice or representation is at all reasonable and promising.