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In every homeowners' association (WEG), good cooperation is important for maintaining the value of your property. But what happens if a co-owner blocks the necessary maintenance or renovation work on the common property? This issue regularly causes disputes among the condominium owners and legal uncertainties.
In this article, we shed light on the rights and obligations of the parties involved, point out specific options for action for condominium owners and explain the role of administrators and resolutions. We also take a look at relevant judgments of the Federal Court of Justice (BGH), current developments due to the WEG reform and frequently asked questions from WEG practice.
The basics: repair and refurbishment in condominiums
Maintenance measures and renovations to common property such as the roof, façade, pipes or load-bearing parts of the building are the responsibility of the entire homeowners' association. According to the German Condominium Act (WEG), the maintenance of common property is the responsibility of all owners.
As a rule, such refurbishment measures of the common property must be legitimized by a resolution in the owners' meeting. Depending on the type of measure, a simple or qualified majority of the owners is required. If a co-owner refuses to give their consent or actively blocks a measure, this can have serious consequences for the property - particularly in the case of damage or moisture damage that urgently needs to be rectified.
The legal obligation to repair
The obligation to carry out maintenance and repairs arises from Section 14 WEG. It stipulates that every condominium owner is obliged to tolerate measures that are necessary for the proper management of the common property. An obstructive attitude is therefore often contrary to applicable law.
The individual condominium owner has no right of veto over measures that are necessary in the interests of maintaining or restoring the building fabric. The obligation to renovate is part of the joint responsibility in the condominium, regardless of whether or not you are directly affected as a condominium owner.
Remediation measures: The decision as a legal basis
A central component in the implementation of refurbishment measures is the adoption of a resolution by the owners. Without a valid resolution, the administrator may not commission any refurbishment work unless it is an emergency measure to prevent damage.
If the required majority is not reached at the owners' meeting because one co-owner refuses to accept the renovation measures, a stalemate arises. In such cases, a court ruling is unfortunately often unavoidable.
BGH rulings provide clarity
The Federal Court of Justice (BGH) has repeatedly dealt with cases in which condominium owners wanted to prevent renovations or repairs. In the decision V ZR 193/21, the BGH clarified that individual condominium owners may not refuse resolutions without good reason if a measure is part of proper administration.
In another ruling (V ZR 9/14), the BGH emphasized that an administrator may act independently in certain cases in the event of inactivity on the part of the WEG if there is otherwise a risk of damage - but only within the scope of emergency management. Such rulings underline the importance of proper management and the duty of the parties involved to act.
The role of the property manager
Property management plays a key role in the organization of maintenance measures. It prepares resolutions, obtains offers and ensures implementation, but always within the framework of the resolutions passed by the condominium owners.
If no agreement can be reached, the administrator should act as a neutral moderator and point out legal options. In particularly contentious cases, it may be advisable to consult an external mediator or a lawyer.
If the decision is missing: What to do in case of refusal?
If a co-owner blocks the refurbishment and thus prevents the required majority, there are several options open to the affected owners:
- Action for proper management: Owners can file an action to replace a resolution with the local court. The court examines whether the refused measure complies with proper WEG management - and replaces the missing resolution if necessary.
- Application for an interim injunction: In the event of imminent damage (e.g. moisture damage or defects in the roof), the court can order the implementation of remedial measures in summary proceedings.
- Out-of-court settlement: A structured dialog - with moderation if necessary - can help to dispel objections and achieve agreement to the restructuring measures.
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Rights and obligations during refurbishment: the significance of the WEG reform
With the 2020 reform of the German Condominium Act, the legal scope for owners was expanded. Since then, for example, it has been easier to decide on structural changes - such as measures to reduce barriers or for energy-efficient refurbishment. The entitlement of individual owners to such measures has also been strengthened.
At the same time, the WEG responsibility for the common property remains. This means that an owner cannot simply withdraw when renovations are necessary - especially not in the case of measures to avert danger or restore the property.
Special case: demarcation between separate property and common property
Disputes are often sparked by the question of whether a measure affects the common property or the separate property. A classic example: leaks in window frames: do they belong to the common property or to the separate property of the respective apartment?
Case law differentiates very precisely here. In principle, the following applies: components that are crucial for the external safety and tightness of the building (e.g. roof, external windows, load-bearing walls) belong to the common property. Their maintenance is the responsibility of the entire homeowners' association.
For affected owners, it is advisable to have the exact responsibility legally clarified before any measures are taken.
The difference between special ownership and special usage rights explained simply
The costs: Who pays what?
Costs are a frequent point of contention. In principle, the costs for the renovation of the common property are distributed among all condominium owners according to their co-ownership shares, unless a different cost distribution formula has been agreed.
An individual owner cannot evade cost sharing if a measure complies with proper administration and has been legally approved. Otherwise, there is a risk of legal action by the community of owners.
Refurbishment: Possible consequences of refusal
If an owner permanently refuses to carry out necessary renovation work, this can have serious consequences for the condominium:
- Property value at risk
- Moisture damage and consequential damage in the apartments due to neglected measures
- Dispute within the WEG
- Liability towards third parties, e.g. in the event of damage caused by failure to carry out remedial work
- Increased costs due to delays
The longer the necessary measures are delayed, the more expensive the refurbishment often ends up being for everyone involved.
Refusal to renovate: recommendations for action for affected owners
Document the condition of the property
Photos, expert opinions and craftsmen's reports help to substantiate the necessity of measures.
Seek the conversation early on
Transparent communication can help to dispel reservations.
Use your rights
If no agreement can be reached, you should assert your rights in court - for example by invoking the obligation to restructure and bringing an action to replace the resolution in order to obtain the resolution.
Actively involve the administrator
A competent administrator can contribute to de-escalation and prepare legally compliant resolutions.
Avoid delays
Procrastination can be expensive - even for owners who are initially passive.
Conclusion: Renovation of the common property concerns everyone
The maintenance and repair of the common property is not an option, but an obligation. If an owner refuses to renovate, you must not remain inactive. The proper management of your apartment and property is paramount - and this is also enforceable in case of doubt.
The WEG reform, recent rulings by the BGH and a strengthened administrator mandate now offer numerous opportunities to persuade blocking owners to cooperate or to enforce necessary measures. It is crucial that affected condominium owners act in an informed, determined and legally sound manner.
Do you already know Ralph?
Do you have questions about the situation in your community of owners? If you switch to Ralph, we will be happy to advise you personally on your rights and obligations and support you in the legally compliant implementation of refurbishment and maintenance measures.
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