property purchase
The community of owners – when real estate owners do not decide on their own
Anyone who buys an apartment usually becomes part of a community of owners (symbol image).
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Anyone who buys an apartment becomes part of the community of owners – and that’s often where the trouble begins. Because even as owners, apartment owners are not allowed to make many decisions alone. Controversy is inevitable, especially when it comes to construction work.
If you don’t buy a detached house, but an apartment in an apartment building, you usually also become a member of a community of owners. This is strange for many new property owners, because the purchase of the property entails coordination, decision-making problems and different responsibilities. Ownership law does not make it easier for buyers, it is highly complex.
As “financial test” explains, the declaration of division is important for real estate buyers – because it lists what is sole property and what belongs to the community. It is not just about the individual design, but also about cost issues. Because if the windows no longer close properly, The question quickly arises: Do I have to pay for it now? Or the homeowners’ association (WEG)? The declaration of division also states how many co-owners there are. This is important if costs are apportioned to the community.
Separate property vs. community property
Only the interior of the apartment, i.e. ceilings and walls, floors, interior doors and sanitary facilities, is sole property (separate property). But even the front door is part of the common property – the owners are not allowed to switch and rule as they please.
Common property includes the roof, elevators and stairwells, parts of the balcony, supply lines and usually also windows and window frames. The construction measures to be carried out are discussed at the owners’ meeting, which must take place annually. How voting rights are shared varies. Each owner usually has one vote. But there is also the possibility that weighting is based on the amount of ownership.
Community of Owners: How decisions are made
One thing is clear: these meetings often have a lot going for them. For some points, a simple majority is enough to decide things. These include the house rules (when must rest periods be observed), in the event of necessary repairs or when asking for a caretaker.
If the community is planning a construction project that completely changes the character of the residential complex, all owners who are entered in the land register must agree. If an owner wants to glaze his balcony, all co-owners must agree. Extensive modernizations that do not change the nature of the house or residential complex, on the other hand, only require a qualified majority.
You can get more advice and information about the community of owners for a fee at www.test.de.