In a condominium building where different lifestyles collide, harmonious coexistence is essential. But how can this be achieved when different ideas and needs clash? The answer lies in clear and fair house rules.
In this article, you as an owner or landlord will learn which aspects play a role in creating house rules, which legal frameworks must be observed, and how you can ensure that the house rules are accepted and adhered to by all residents.
The importance of house rules for the condominium associationLink to this section
House rules are mandatory for a condominium association (WEG) and play a key role in ensuring orderly coexistence in the condominium and the interactions between tenants. The house rules are part of the rental agreement and serve to create a pleasant living environment, foster respectful interaction, and minimize or avoid potential conflicts with others.
They contain rules, regulations, and codes of conduct that tenants are bound to adhere to. Since the house rules are part of the rental agreement, they are part of the tenant's responsibilities after the contract is signed.
Quiet hours, house cleaning, house security, pets, garbage disposal, barbecues, order in the stairwell, use of common property – all these aspects of living together and other points with corresponding regulations can be determined by the house rules.
The contractual house rules and the general house rules: the differenceLink to this section
Property management companies essentially distinguish between two types of house rules: the contractual house rules and the general house rules.
The contractually binding house rules are part of the rental agreement and are attached as an appendix. Thus, the house rules are legally binding for tenants and must be adhered to.
The general house rules can be posted in the hallway or handed over to tenants afterward. The points of these house rules should be viewed more as a regulatory framework that can be quickly read through in the hallway or stairwell. They can specify and explain the provisions and regulations of the contractually binding house rules, but do not expand the contractual rights and obligations of tenants.
Creating the house rules: Who is responsible?Link to this section
The WEG Act does not stipulate clear rules regarding who should create the house rules. Section 19, Paragraph 2, No. 1 of the Condominium Act (WEG) merely states that house rules are part of the proper administration and use of a condominium. While the Condominium Act itself does not contain any specific provisions for creating house rules, there are various common methods for establishing them and making them binding for tenants.
By majority decision in the owners’ meeting
Since the Owners' meeting As the central body of the condominium association, the house rules are usually established by a majority vote of the owners at the general meeting. This decision can include both the initial drafting of the house rules and subsequent amendments or additions.
By commissioning the property management
Another option is to commission the property management company to draw up house rules. The property management company will then prepare a draft, which must then be approved by the owners at the general meeting.
By agreement between the owners
In rarer cases, the house rules can also be established by agreement between the condominium owners. However, this option is less common because it requires the consent of all owners and raises the question of whether any changes can be made later by majority vote or whether the house rules have the character of a statute.
As an integration into the declaration of division
Another option is to incorporate the house rules into the declaration of division. The declaration of division is a fundamental document that governs the division of the common property into separate property units. By including the house rules in the declaration of division, it acquires special significance and cannot simply be changed by a majority vote.
The content of the house rules: These regulations and requirements are includedLink to this section
There are no prescribed rules or regulations for house rules. Their content can vary depending on the specific circumstances and needs of the condominium association. However, the following rules are typically included in the house rules and made part of the rental agreement.
Rest periods and noise avoidance
The house rules stipulate quiet hours in apartment buildings, which may exceed the legal requirements for quiet hours. During quiet hours, all activities in the building that could lead to excessive noise pollution must be avoided. This includes, for example, parties, music, or renovation work that could disturb the nighttime or midday peace and quiet of other tenants.
Most house rules are based on statutory quiet hours, which can vary from state to state. Generally, the following quiet hours apply to house rules:
Lunch break: 1:00 p.m. to 3:00 p.m.Night rest: 10:00 pm to 7:00 am
On Sundays, there is a general need for quiet in apartment buildings. House rules should prohibit noisy activities on these days.
Music
The house rules can contain specific regulations regarding listening to music, as loud music is one of the most common causes of disputes among tenants. While listening to music in one's own apartment is generally permitted, the question often arises as to where the limits lie regarding volume. An acceptable room volume of 40 dB during the day and 30 dB during quiet hours could be included in the house rules.
Security measures
The house rules may also include regulations regarding the proper locking of the front door to prevent unauthorized access to the apartment building. They also regulate the storage of items in common areas to keep escape routes and stairwells clear and to avoid compromising the safety of the residents.
Storing bicycles in the hallway is generally prohibited. They belong in the basement or in the rented apartment.
Cleaning the building
To ensure cleanliness and order in the building, the house rules can include a cleaning schedule that specifies responsibilities for cleaning the stairwell and the building as a whole. Alternatively, the condominium association can decide to hire a professional cleaning company for the apartment building.
Garbage and waste disposal
The house rules may also contain detailed regulations regarding waste disposal, including the handling of household and bulky waste. These often prohibit leaving garbage in front of the apartment door and front door and encourage proper waste separation.
Smoking behavior
The house rules may contain provisions regarding smoking in common areas, including the designation of smoking zones.
Use of common areas
The house rules also regulate the use of common areas such as the laundry room or drying room. They can specify usage times to ensure that all owners and tenants use the common areas equally.
Grilling
The house rules may also include regulations regarding grilling on balconies, terraces, or in the garden. The house rules may stipulate which grilling methods are permitted, at what times grilling is permitted, and what distance rules must be observed from other residential units.
Winter service
The house rules also regulate responsibilities for winter maintenance, i.e., the removal of snow and ice from sidewalks. They can specify which property owner is responsible for snow clearing and at what time. In principle, every property owner is responsible for clearing the sidewalk in front of their property.
Sample house rules: Download our templateLink to this section
Do you need a sample house rules? Here you'll find our free templates that can help you create your own customized house rules.
(1) Sample house rules for tenants and landlords:We recommend this template for a building in which a landlord wants to keep several tenants in order.
Download now
(2) Model house rules for owners:UseUse this template for properties where multiple property owners live together and only a small portion is rented out. These house rules must be approved in the required ETV resolution, with the stipulation that all owners agree to communicate these house rules to their tenants and require them to comply with them.
The limits of the house rules: What the house rules may not prescribeLink to this section
Although the house rules aim to promote harmonious coexistence in an apartment building, there are certain restrictions that are not permitted. The house rules may not stipulate the following:
General ban on petsGeneral ban on leaving strollers in the hallway (except in cases of violation of fire safety regulations)Prohibition of use of the elevator during night restProhibition of showering or bathing after 10 p.m.Prohibition of visits to the houseProhibition of overnight stays for guestsSpecifications for room temperature in the tenants’ apartmentRestrictions on balcony designProhibition of hanging laundry on your own balcony or in your rented apartmentProhibition of noise by childrenA ban on listening to music at room volume
This list shows that while house rules can establish rules for good coexistence, they must not unduly interfere with the personal rights and private lives of tenants.
When house rules are valid: Please note thisLink to this section
Where the house rules are placed is crucial for their validity and depends on the composition of the residents – i.e. whether the owners or tenants live in the house.
For tenants, the house rules must be included in the rental agreement to be binding. This can be done in two ways: either as an appendix to the rental agreement or directly integrated into the rental agreement.
To make the house rules binding for all owners, they are adopted at the owners' meeting. To ensure their validity, it is important that they be included in the collection of resolutions.
House rules posted only in the hallway are considered general house rules and are not binding for tenants.
A uniform house rule for all owners and tenantsLink to this section
There is only one valid set of house rules that applies equally to all residents—both owners and tenants. Separate house rules with different rules for these two groups are not provided for.
However, there are certain special provisions for landlords: They can stipulate additional or deviating provisions in the rental agreement. In the event of conflicts with the house rules, the owner is responsible to the community.
Landlords may also reserve the right to incorporate changes to the house rules into the rental agreement. This allows them to adapt flexibly to the new, changing needs of the community of owners.
Compliance with the house rules: Who is responsible?Link to this section
The property management of the condominium association is responsible and accountable for compliance with the house rules. Residents can contact the management at any time if they observe that an owner or tenant is violating the house rules. The property manager is also obligated to accept written complaints about violations of the house rules.
The consequences of violations of the house rulesLink to this section
The consequences for violations of the house rules vary depending on whether the person is an owner or a tenant.
The role of property management
The property management is primarily responsible for enforcing the house rules, but does not automatically have the right to take legal action. It can only be authorized to take legal action against a violation by a resolution of the owners' meeting.
First seek the conversation
We recommend that, in the event of violations, you first engage in discussions to resolve conflicts amicably. The goal should be to prevent future violations and maintain peace in the apartment building.
In cases of persistent or serious violations, the homeowners association may consider legal action.
Legal action
Legal action should be considered a last resort, as it would put a strain on the community spirit. These actions would have to be decided upon at the owners' meeting.
If a tenant repeatedly violates the house rules, you as a landlord can take various measures. First, send the tenant a written warning in which you request that they change their behavior or correct the violation. This can happen, for example, if items are to be removed from the stairwell. Also, give the tenant a reasonable deadline to correct the problems.
If the tenant fails to comply with your request or continues to violate the house rules, you may be able to terminate the tenancy agreement. This is particularly the case if the behavior of the tenant in question interferes with other tenants' contractual use of the apartment.
However, termination without notice due to violations of the house rules is generally difficult to enforce. The Wiesbaden District Court confirmed this in a ruling that neglecting to clean the stairwell does not constitute sufficient grounds for termination without notice.
Read more: Troublemaker in a homeowners association: How to solve WEG problems correctly
House rules and community rules: Two different sets of rulesLink to this section
Although the terms "house rules" and "community rules" sound similar, they have different functions and scopes in a condominium association.
As already mentioned, the house rules regulate the rules of conduct and corresponding obligations of the residents and aim to promote harmonious coexistence. This applies to all residents, including tenants and owners. According to Section 19 (2) of the German Condominium Act (WEG), establishing house rules is one of the obligations of a condominium association (WEG) and must be included in the tenancy agreement.
The community regulations, in turn, define the rights and obligations of the owners among themselves. They apply exclusively to the owners, not the tenants. Furthermore, the community regulations are optional and not mandatory.
