The minutes of the owners' meeting are one of the most important documents in a condominium association. They serve to record the points discussed and the resolutions passed at the meeting in writing, so that every owner can gain an overview of the topics discussed later.
This is what the minutes of the owners’ meeting look likeLink to this section
The minutes of the owners' meeting don't follow a specific format—as long as all the necessary information is included, the layout is irrelevant. The meeting minutes may therefore look different from manager to manager.
Good to know: The WEG Act The term "minutes" is not actually used in this context and instead uses the word "record." However, in the common parlance of most condominium owners, the term "minutes" has become established. This refers to a record of results or resolutions, not a protocol of proceedings.
Resolution protocol or procedural protocol? The declaration of division and community regulations are decisiveLink to this section
The question of whether a resolution record or a procedural record is created depends primarily on the agreements in the declaration of division and the community regulations. If such agreements are lacking, the type of record is determined by the statutory provisions. These allow the chairperson a certain degree of discretion. This means that they can generally decide for themselves whether the meeting will be recorded in detail or in brief.
The process log
If a property manager decides to record a meeting as a minutes, this means they are compiling a detailed written record of the entire meeting. This includes all contributions and discussions by individual property owners. Such minutes are rather time-consuming to create and carry some risks.
Firstly, it's difficult to reproduce all statements completely and accurately, especially when many property owners are speaking at the same time or interrupting each other. Secondly, the statements could contain offensive or inappropriate remarks that have no place in an official transcript.
A pure minutes of resolution that focuses only on the points decided upon is generally less complex and avoids these problems.
The minutes of the resolution
The minutes of resolutions or minutes of proceedings of an owners' meeting focus primarily on the specific resolutions passed during the meeting. The agenda is described, along with the relevant resolutions and voting results. The administrator may also add brief explanations of the resolutions to make them easier to understand. Topics that were discussed but not put to a vote may also be briefly mentioned under a heading such as "Miscellaneous" or "Other," provided they are relevant to the condominium association.
In contrast to the detailed minutes of proceedings, which document the entire course of the meeting, the minutes of results provide a compact summary of the most important decisions.
Minutes of the Owners’ Meeting: The most important componentsLink to this section
The minutes of the owners' meeting must contain certain points about the owners' meeting that took place. The most important elements are as follows:
Date, time and place of the owners’ meeting:The owners' meeting took place on [day], [date] at [time] in the premises of [location, e.g. common rooms].Length of time: Exact times for the beginning and end of the owners’ meeting.List of all owners present:An attendance list of all condominium owners and the co-ownership shares represented should also be included in the minutes. This information serves, among other things, to demonstrate the quorum of the condominium owners' meeting.Agenda items: Every minutes of an owners’ meeting must include a note that the agenda items were approved and any changes were decided upon.Voting results:The minutes should document the voting results, including the number of yes votes, no votes, and abstentions.Diploma: The official conclusion of the condominium owners’ meeting is recorded by the chairperson and the signature of the secretary, the chairperson of the advisory board and at least one other co-owner.
Persons involved and responsibleLink to this section
The preparation of the minutes falls under the responsibility of the property management company, as they usually convene and conduct the owners' meeting. Alternatively, the administrative board member or a condominium owner appointed as secretary by the condominium association can also take the minutes.
If the administrator cannot or does not want to attend an ordinary or extraordinary owners' meeting, the condominium association is responsible for taking the minutes and maintaining the collection of resolutions.
Who has to sign the minutes after the homeowners’ meeting?Link to this section
For the minutes of an owners' meeting to be legally valid, certain individuals must sign them. In addition to the chairperson, usually the property manager, an owner must also sign. If there is an administrative board, the chairperson or their deputy must also sign to express their consent. In a self-managed condominium association, a member of the condominium owners signs the minutes.
ImportantIf you later want to challenge a resolution, it can be crucial whether all signatures are present in the minutes. If a signature is missing, this could lead to the resolution being declared invalid.
The deadline for drawing up the minutesLink to this section
There is no specific deadline for preparing the minutes of the meeting. The Condominium Act only requires that the minutes be taken without delay, as per Section 24, Paragraph 6 of the Condominium Act. As a general rule, the collection of resolutions should also be done promptly, ideally one to two days after the meeting.
This is how the minutes are kept after the owners’ meetingLink to this section
The original minutes of the owners' meeting must be retained permanently. This is a legal requirement. Ideally, all minutes should also be digitally backed up by the property management company. If you wish to have access to the meeting minutes yourself, you should keep a written copy for your own records. Why is this important? The minutes contain important discussion questions, decisions, and resolutions of the condominium association that are of interest not only to condominium association practice but also to future owners.
Get access to the minutesLink to this section
As a condominium owner, you have the right to inspect the minutes of the owners' meetings at any time. This is stipulated by law in Section 18, Paragraph 4 of the Condominium Act (WEG) and also applies to other important documents such as resolutions. Your property manager is obligated to make these documents available to you.
A refusal by the administrators to provide access constitutes a violation of the principles of proper administration and may, under certain circumstances, lead to the extraordinary termination of the management contract.
According to this regulation, insolvency administrators, receivers, and executors also have the right to inspect the minutes of the meeting.
The digital minutes of the WEG meetingLink to this section
The 2020 reform of the German Condominium Act (WEG) not only made participation in owners' meetings more flexible for condominium owners, but also simplified administration. Thanks to the new regulations, owners' meetings can now also be held as so-called hybrid events.
This means you can participate in the meeting from the comfort of your own home without having to be there in person. And the best part: The minutes of the owners' meeting can now also be created digitally and sent directly to the owners' association. This way, you're always up to date and can review the minutes and resolutions at your leisure. Of course, the physical original of the minutes still needs to be created.
The consequences of a faulty protocolLink to this section
In principle, errors in the minutes have no impact on the resolutions you have passed as a condominium association. The minutes are not contestable per se "merely" because they were not made available in a timely manner or because they were either unconsciously or deliberately forgotten. All resolutions passed at the condominium association meeting are always valid and take effect immediately after the vote, regardless of the minutes.
Examples of reasons for protocol corrections
If an error occurs in the minutes, you have a right, without any time limit, to have them corrected by the property management or the person who prepared them. Here is an overview of examples of potential corrections to minutes:
The collection of resolutions is incomplete: Important resolutions have been omitted from the minutesThe minutes of the meeting are incorrect: decisions are not recorded correctlyThe minutes of the owners’ meeting have defamed or insulted an ownerThe minutes of the owners' meeting are written one-sidedly from the perspective of certain owners. Other perspectives were not included.Statements by owners that trigger binding rights or obligations for them were incorrectly recorded or omitted
Error-free and standard-compliant protocols with RalphLink to this section
Overall, the minutes of the owners' meeting are an important document that records the results and resolutions of the condominium association. The established content of the minutes allows existing and new owners to be informed about important topics and decisions and to refer to them as needed. Creating error-free and standard-compliant minutes is one of the many tasks we undertake as property management for your condominium association. Please feel free to contact us for more information. Offer and switch to Ralph now!
