The reformed Apartment Owner Act has been in force since December. It brings serious changes for owners in apartment owners’ associations (WEG). What’s new?
Bonn (dpa / tmn) – apartment owners’ associations (WEG) now have full responsibility for the management of the community property. Administrators get more powers from a WEG, but can also be removed more easily.
These are two important innovations brought about by the reformed Homeowners Act. An overview of important changes:
– Modernization with a simple majority: “All structural changes to the communal property are now decided by a simple majority of the votes present and represented at the owners’ meeting,” explains Gabriele Heinrich, board member of the Association for Housing. This is intended to counteract modernization backlogs.
And: Every apartment owner can request structural changes to the communal property to improve accessibility, e-mobility, burglary protection or access to fast internet. However, he then has to bear the costs himself. In order not to overburden owners financially, only those who have agreed to the measure have to contribute to the costs of structural changes, according to WiE.
However, there are two exceptions: All owners must pay according to their co-ownership share if the measure pays off. This also applies if the owners’ meeting decides on a measure with a majority of more than two thirds of the votes cast and half of all co-ownership shares and the costs incurred are not disproportionately high.
– Entitlement to a certified administrator: Even in the reformed WEG law, there is still no entitlement to a binding certificate of expertise from the administrator, as has long been discussed. But after a longer transition period of around two years, every owner in a WEG with more than eight separate property units will be able to demand that a service provider certified by the Chamber of Industry and Commerce be appointed as an administrator.
In principle, from June 1, 2024, owners can request proof of certification from the administrator, if the administrator does not have adequate training or a higher qualification. “With the certification, the legislator recognizes the increased responsibility of the manager,” says Martin Kaßler, managing director of the Association of Real Estate Managers Germany (VDIV).
– More powers for the administrator: In the future, the administrator can decide in the internal relationship of the WEG on his own responsibility without passing a resolution on measures that are of subordinate importance and do not lead to significant obligations. In addition to minor repairs, this also includes the conclusion of supply and service contracts to a limited extent.
In external relationships with third parties, i.e. business partners such as banks, insurance companies or craftsmen, the administrator even represents the WEG without restriction. “That means that all contracts that an administrator concludes and all orders that he awards are binding for WEG,” says Gabriele Heinrich. “The administrator may just not carry out real estate transactions and not take out loans.”
– Administrators can be removed more easily: WEG will be able to part with an administrator more easily in the future. The removal of the administrator is no longer dependent on an important reason. The owners can recall the manager at any time.
With a long-term relationship of trust between the manager and the community of owners, this should not be a problem from the point of view of VDIV Germany. However, communities may find it more difficult to find a professional administrator in the future if it becomes public that previous administrations were terminated on the whim of the owners.
– Owners ‘meetings will be easier: An owners’ meeting has a quorum regardless of the number of owners present or represented or co-ownership. This is to avoid repeat meetings. Owners can choose to allow owners to attend the owners’ meeting online. However, there are no plans to abolish face-to-face meetings by majority vote in favor of pure online owner meetings.
© dpa-infocom, dpa: 201230-99-853424 / 3
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