What are the community regulations?Link to this section
The community regulations (Gemo for short) are a fundamental component of condominium law. They form the heart of the Declaration of division , which is required by law and regulates the property rights aspects of a residential complex.
The community regulations are notarized and filed with the land register. Both owners and potential buyers have the opportunity to review the community regulations and learn about the specific provisions.
The core purpose of the community regulations is to structure the relationships between the owners, taking into account the individual characteristics of the residential complex. The owners themselves have the opportunity to shape these community regulations and, to a certain extent, to be deviated from the legal requirements of the WEG Act (Condominium Act).
The limits of the Community order
Certain legal provisions cannot be circumvented when drafting community regulations. These "essential provisions" of the community regulations serve to ensure the proper management of the residential complex.
For example, no owner can request the dissolution of the Homeowners association unless the building is significantly damaged and does not need to be rebuilt (Section 11 (1) WEG). Likewise, the appointment of an administrator may not be excluded, nor may their powers be unduly restricted (Section 20 (2) WEG).
The Community regulations thus represent a balanced set of rules that takes into account the interests of all parties involved while respecting the legal framework.
Content and meaning of the Community regulationsLink to this section
The community regulations for condominium associations regulate the use of common and individual property as well as the relationships between the condominium owners.
Core aspects of the Community order
Adaptation to the WEG: Each community regulation is individually tailored to the needs of the respective community of owners.Specification of the WEG: The community regulations specify the provisions of sections 2 and 3 of the Condominium Act, which deal with the community of owners and the administration.
Typical regulatory areas of the Community order
Voting modalities: Determination of voting rights in Owners' meetings , e.g. according to the head principle or ownership shares .Animal husbandry: Regulations permitting or prohibiting certain pets.Noise protection: Regulations on quiet times and playing music.Commercial use: Guidelines for professional activities in the home.Administrative structure: Establishment of a Administrative Advisory Board to support the administrator.Transfer of ownership: Approval requirements for the sale of apartments.maintenance: Procedures and financing of repairs and renovations.Sanctions: Conditions for the possible withdrawal of home ownership.
Who draws up the community regulations?Link to this section
The community regulations can be drawn up in various ways, depending on the specific situation of the property.
By the property owners
In the case of new construction projects or conversions, the original owner(s) can establish the community regulations together with the declaration of division.This task is often carried out by the property developer in newly constructed residential complexes.
By the apartment owners
If the declaration of division has already been submitted, the apartment owners can jointly create community rules or amend an existing one.This requires the unanimous, notarized consent of all condominium owners.
Important aspects in the preparation of the Community regulations
unanimity: The consent of all owners is required both for the initial determination and for subsequent changes.Lender approval: If apartments are not yet fully paid off, the consent of the financing banks must also be obtained.Formal requirementsAfter receiving all necessary approvals, the community regulations are officially registered and deposited with the relevant land registry office.
The creation of community regulations is therefore a carefully coordinated process that takes into account the interests of all parties involved and is legally secure.
Making changes to the community regulations: How does it work?Link to this section
The community regulations are binding for all condominium owners, which is why any changes are subject to certain regulations. Due to their binding nature for all owners, the hurdles for making changes are quite high. To change the community regulations, the following steps and requirements must be met:
Steps required to change the community regulations
Obtaining consensus:The consent of all owners is required. Potential lenders must also give their consent.Notarial certification:Any consent must be notarized to ensure its legal validity.Land Registry Office: A detailed application for authorisation and registration must be submitted to the Land Registry Office, accompanied by the notarised consents.Clarity and wording:Precision is required here. All modified resolutions must be formulated unambiguously and clearly. Be careful with ambiguous wording! Imprecisely defined resolutions could be declared invalid.
What does the opening clause of the Community regulations mean?Link to this section
The general rule in a condominium association is that once a decision has been made, it can only be changed by a new resolution of the owners. To provide more flexibility, there is a so-called opening clause.
This clause allows certain provisions of the community regulations to be amended by a simple majority vote, rather than by a unanimous decision of all owners. This allows new regulations to be subsequently adopted or existing ones to be amended, even if they deviate from the legal requirements.
Subsequent introduction of an opening clause
If the original community regulations do not contain an opening clause, one can be subsequently introduced by a unanimous resolution of all owners and registered in the land register. Without registration, the clause is ineffective against new owners.
Important:The opening clause must be formulated clearly and unambiguously.
Effect on new owners
If someone acquires an apartment in a condominium (e.g. through purchase or foreclosure), the regulations that were made by majority decision based on an opening clause also apply to the new owner.
This is possible because the buyer can review the community regulations and the collection of resolutions before purchasing, thus informing themselves about the existing rules. The legal basis for this can be found in Section 10, Paragraph 4 of the German Condominium Act (WEG).
Declaration of division vs. community order: What is the difference?Link to this section
The declaration of division, enshrined in Section 8 of the German Condominium Act (WEG), is a document for dividing a property into multiple ownership shares. It is used particularly when an apartment building is divided into separate apartments. Its primary purpose is to provide a precise description of the individual residential units and comprehensive floor plans. Its key objective is to clearly allocate specific rooms to the respective apartment owners.
In contrast, the community rules are an optional instrument not explicitly regulated by the Condominium Act (WEG). They can be understood as a kind of "house rules plus" that governs the coexistence and relationship between the condominium owners. While the declaration of division is legally binding, the community rules are based on voluntary agreements between the parties.
A key difference lies in the legal effect: The declaration of division establishes residential property, whereas the community regulations do not. Furthermore, the existence of a declaration of division is a prerequisite for community regulations—without the fundamental division of property, there would be no subject matter for the community regulations.
In summary, the declaration of division creates the legal framework for shared residential property, while the community regulations provide optional provisions for the cohabitation of the owners.
Community regulations: Recommendation for prospective buyersLink to this section
Potential buyers should carefully review the community rules before purchasing to ensure that the regulations are compatible with their personal preferences and living circumstances.
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