Condominium law
On this page you will find relevant information for owners, communities, administrators and investors. If required, we will be happy to provide you with expert legal advice on residential property law.
CLARITY AND CERTAINTY IN RESIDENTIAL PROPERTY LAW
Residential property law is a multifaceted area of law that is constantly evolving through new court decisions – most recently, in particular, through the 2020 WEG reform. It is used in the event of disagreements between condominium owners, the structuring of possible uses within the community in the form of special rights of use, special property or common property, as well as the organisation of the community through owners’ meetings or through the administration. In this respect, knowledge of residential property law is also particularly relevant in connection with the acquisition of residential property and project development by property developers. Our team at JUR | URBAN has extensive experience and in-depth expertise to successfully represent your interests in this challenging area.
EXPERTS for Condominium LAW
JULIAN R. URBAN
LAWYER
BILGE VON BISMARCK
LAWYER
HOW CAN WE HELP YOU?
We advise you and defend your rights. If you are looking for reliable legal advice in residential property law, please contact us by email at berlin@jur-law.de or call us on +49 30-5557 82820.
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WHAT YOU SHOULD KNOW ABOUT RESIDENTIAL PROPERTY LAW
Residential property law concerns many aspects of everyday life in a homeowners’ association (WEG). These include, among other things:
- Use of common property: What happens if a neighbour parks their bicycle in the stairwell or makes structural changes to the building?
- Owners’ obligations: Who pays for renovations or modernisations and how are costs allocated?
- Conflicts between owners: Whether it’s noise, barbecues on the balcony or disputes over parking spaces – conflicts between neighbours often end up in court.
TYPICAL POINTS OF CONTENTION IN RESIDENTIAL PROPERTY LAW
Legal disputes often revolve around questions such as:
- Is a planned structural measure, modernisation or repair necessary? What costs should the individual owner bear?
- How can individual usage rights, such as special usage rights to garden areas, be structured or protected against unauthorised access?
- How can troublemakers in the community be dealt with?
Issues such as special levies, house rules or owners’ meetings can also harbour potential for conflict.
WHEN DOES IT GET COMPLICATED?
Residential property law often overlaps with other areas of law, such as property development law, commercial tenancy law or residential tenancy law. In addition, the reform of the German Condominium Act (WEG) on 1 December 2020 has changed many processes, for example in the management of common property. It is often difficult for laypeople to maintain an overview – especially when different areas of law are affected.
OUR SERVICES
IN Condominium law
In the area of residential property law, we advise you in particular on the following matters:
- Condominium ownership, part ownership and community ownership
The legal distinction between the types of ownership determines the use and responsibilities within a community of owners. - Housing benefit and ancillary costs: Enforcement of housing benefit claims
Support in the enforcement of housing benefit claims and the clarification of cost allocations.
- Structural alterations
Advice on legal requirements and approval obligations for remodelling measures.. - Defects and repairs to special and common property
Clarification of responsibilities and enforcement of repair claims. - Renovation and modernisation
Examination of the legal framework and cost allocation for modernisation measures.
- Meeting of the owners
Legal support and review of resolutions and the proper conduct of meetings.
- Contestation and replacement of resolutions
Support in contesting unlawful resolutions and initiating legally secure alternatives.
- Withdrawal of residential property
In the event of serious breaches of duty, the sale of the residential property can be demanded as a last and most serious measure. We advise and represent accused condominium owners, communities and administrators comprehensively in this regard.
A flat owner discovered moisture damage in his flat – caused by a leaking roof that was part of the common property. Although the community of owners was aware of the defect, it failed to act. In a landmark judgement, the Federal Court of Justice (BGH) ruled that if the community fails to act despite being aware of the defect, it is liable for the damage caused. This means that the affected owner may be entitled to compensation. Source
A condominium owner wanted to contest resolutions of the owners’ meeting. Unfortunately, he mistakenly directed the action against the other owners instead of the community of condominium owners (GdWE). The Federal Court of Justice (BGH) clarified that since the WEG reform, actions for avoidance must be directed exclusively against the GdWE. If the action is incorrectly addressed, this means that the deadline for contestation is not met and the action is dismissed as inadmissible. Source
The Federal Court of Justice (BGH) has ruled that a community of owners can jointly purchase a plot of land if it makes sense for the residential complex – for example, for additional parking spaces. This is good news for investors who own several flats: such measures can increase the value of the property and enhance the common property, as long as the decision is made fairly and in the interests of all. Source
- Examination: Is the resolution formally or materially invalid or even void?
- Contestation: Resolutions may be contested within one month by filing a complaint with the locally competent district court.
- Reasons: the action must be substantiated within a further month.
- Examination: Was the resolution to be passed because it was in accordance with proper administration?
- Action for the replacement of a resolution: If the resolution was to be passed, the court can pass the resolution for the COA.