In every Homeowners association (WEG) Good cooperation is important for maintaining the value of your property. But what happens if a co-owner blocks necessary repairs or renovations to the shared property? This issue regularly causes disputes among condominium owners and legal uncertainty.
In this article, we examine the rights and responsibilities of those involved, outline concrete options for condominium owners, and explain the role of property managers and resolutions. We also take a look at relevant rulings from the Federal Court of Justice (BGH), current developments due to the condominium law reform, and frequently asked questions from condominium law practice.
The basics: Repair and renovation of residential propertyLink to this section
Repairs and renovations to common property, such as the roof, facade, plumbing, or load-bearing building components, are the responsibility of the entire condominium association. According to the Condominium Act (WEG), the maintenance of common property is the responsibility of all owners.
Such renovation measures of the common property must usually be approved by a resolution in the Owners' meeting be legitimized. Depending on the type of measure, a simple or qualified majority of the owners is required. If a co-owner refuses consent or actively blocks it, this can have serious consequences for the property – especially in the case of damage or moisture damage that needs to be remedied urgently.
The legal obligation to repairLink to this section
The obligation to maintain and repair property arises from Section 14 of the Condominium Act (WEG). This stipulates that every condominium owner is obligated to tolerate measures necessary for the proper management of the common property. A blockade approach is therefore often contrary to applicable law.
The individual apartment owner has no right of veto over measures necessary to preserve or restore the building's structure. The obligation to renovate is part of the shared responsibility within the condominium association, regardless of whether the owner is directly affected or not.
The maintenance reserve WEG: Law, amount & use
Restructuring measures: The resolution as a legal basisLink to this section
A key component in the implementation of remediation measures is the approval of the owners. Without a valid approval, the property manager may not commission any remediation work, unless it is an emergency measure to prevent damage.
If the required majority is not achieved at the owners' meeting because a co-owner refuses to implement the renovation measures, a deadlock arises. In such cases, legal recourse is unfortunately often unavoidable.
BGH rulings provide clarityLink to this section
The Federal Court of Justice (BGH) has repeatedly dealt with cases in which condominium owners sought to prevent renovations or repairs. In its decision V ZR 193/21, the BGH clarified that individual condominium owners may not refuse to implement resolutions without good reason if a measure is part of proper management.
In another ruling (V ZR 9/14), the Federal Court of Justice emphasized that, in certain cases where the condominium association fails to act, an administrator may act independently if damages are otherwise threatened—but only within the scope of emergency management. Such rulings underscore the importance of proper management and the duty of those involved to act.
The role of the property managerLink to this section
The property management plays a key role in organizing repair measures. It prepares resolutions, obtains bids, and ensures implementation, always within the framework of the resolutions passed by the property owners.
If no agreement can be reached, the administrator should act as a neutral mediator and outline legal options. In particularly contentious cases, it may be advisable to involve an external mediator or legal counsel.
If the decision is missing: What to do if it is refused?Link to this section
If a co-owner blocks the renovation and thus prevents the required majority, affected owners have several options:
Action for proper administration:Owners can file a motion to replace the resolution with the local court. The court will examine whether the denied action complies with proper condominium management and, if necessary, replace the missing resolution.Application for interim injunction:In the event of imminent damage (e.g. moisture damage or defects in the roof), the court can order the implementation of the remediation measures in expedited proceedings.Out-of-court settlement:A structured dialogue – possibly with moderation – can help to eliminate objections and achieve approval for the restructuring measures.
Rights and obligations in restructuring: The significance of the WEG reformLink to this section
The 2020 reform of the German Condominium Act expanded the legal scope for owners. Since then, it has been easier, for example, to approve structural changes—such as measures to reduce barriers or energy-efficient renovations. Individual owners' rights to such measures have also been strengthened.
At the same time, the condominium association's responsibility for the common property remains. Therefore, an owner cannot simply avoid responsibility if renovations are necessary—especially not for measures to avert danger or restore the property.
Special case: Distinction between private property and common propertyLink to this section
Disputes often arise over whether a measure affects common property or private property. A classic example: leaks in window frames: Do these belong to the common property or to the private property of the respective apartment?
Case law differentiates very precisely here. The basic rule is: components that are crucial for the external safety and tightness of the building (e.g., roof, exterior windows, load-bearing walls) are considered common property. Their maintenance is the responsibility of the entire condominium association.
It is advisable for affected owners to have the exact jurisdiction clarified legally before taking any action.
The difference between special property and special use rights simply explained
The costs: Who pays what?Link to this section
A frequent point of contention is the cost. Generally, the costs for renovating common property are distributed among all apartment owners based on their co-ownership shares, unless a different cost allocation formula has been agreed upon.
An individual owner cannot avoid contributing to the costs if a measure is in accordance with proper management and has been legally adopted. Otherwise, the homeowners' association risks legal action.
Restructuring: Possible consequences of refusalLink to this section
If an owner permanently refuses to carry out necessary renovation work, this can have serious consequences for the condominium association:
Property value at riskMoisture damage and consequential damage in the apartments due to failure to take measuresDispute within the WEGLiability towards third parties, e.g., for damages caused by failure to carry out renovationsIncreased costs due to delays
The longer the necessary measures are delayed, the more expensive the renovation often becomes for everyone involved.
Renovation is refused: Recommendations for affected ownersLink to this section
Document the condition of the property
Photos, expert opinions and tradesmen's reports help to substantiate the necessity of measures.
Start a conversation early
Transparent communication can help to dispel reservations.
Use your rights
If no agreement is possible, you should assert your rights in court – for example, by invoking the obligation to restructure and filing a corresponding action for a resolution replacement in order to obtain the resolution.
Actively involve the administrator
A competent administrator can contribute to de-escalation and prepare legally sound decisions.
Avoid delays
Hesitation can be costly – even for owners who initially behave passively.
Conclusion: Renovation of common property concerns everyoneLink to this section
Maintaining and repairing shared property is not an option, but a requirement. If an owner refuses to repair it, you cannot sit idly by. Proper management of your apartment and property is paramount—and, in case of doubt, this can be enforced.
The reform of the condominium association law (WEG), recent rulings by the Federal Court of Justice (BGH), and a strengthened mandate for property managers now offer numerous opportunities to persuade obstructive owners to cooperate or to enforce necessary measures. It is crucial that affected condominium owners act in an informed, decisive, and legally sound manner.
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