Whether window replacement, balcony extension or other measures – structural changes in the homeowners associationoften raise questions. What is permitted and what isn't? How do you reach agreement with your co-owners? This article explains your rights and responsibilities regarding structural changes in your condominium association and helps you avoid conflicts.
Structural changes in the condominium: What is permitted?Link to this section
Are you looking to improve or modernize your apartment? Before you begin, you should know which measures are considered structural changes. The German Condominium Act (Section 20, Paragraph 1 WEG) clearly distinguishes between structural changes and normal maintenance.
While repairs and maintenance work serve to preserve the building, structural changes permanently alter its appearance or use. Whether an extension, a renovation, or a new paint scheme – any measure that goes beyond mere "maintenance" of a building must be coordinated with the other co-owners.
Structural changes: examplesLink to this section
The distinction between maintenance and structural changes in a homeowners' association is often blurred and can lead to uncertainty in individual cases. While roof repairs or the replacement of defective windows clearly count as maintenance, more comprehensive measures, such as energy-efficient upgrades or an extension, constitute structural changes.
Structural changes can be roughly divided into three categories:
Energy improvements:These include measures such as modernizing heating systems, insulating buildings, replacing windows with more energy-efficient models, or installing environmentally friendly heating systems. These measures not only improve the comfort of residents but also increase the value of the building and reduce operating costs.Legally supported measures:The German Condominium Act (Section 20 (2) WEG) provides that certain structural changes can be carried out under simplified conditions. These include, in particular, measures to improve accessibility, such as the installation of elevators or stairlifts, the installation of charging stations for electric vehicles, improvements in burglary protection, and connection to modern telecommunications networks such as fiber optic networks..Interventions in the building structure:This includes all measures that alter the structural integrity of the property. These include, for example, the addition of balconies, the removal of walls, the installation of awnings, or other structural changes that alter the appearance of the building.
This list illustrates the variety of possible structural changes in residential complexes. Please note that any structural changes should be carefully planned and coordinated with the other condominium owners to avoid conflicts and obtain approval from the owners' association.
The legal framework for structural changesLink to this section
The legal framework for structural changes in your homeowners' association is regulated by the German Condominium Act (WEG). If a homeowner wishes to make a structural change to the shared property, they must submit their proposal for a resolution at the homeowners' meeting. The approval of the other owners is required.
However, there are legal limits to structural changes. A planned change must not fundamentally alter the residential complex or disproportionately disadvantage other co-owners. Even if an owners' meeting approves a structural change, such a resolution can be challenged in court.
Structural changes are therefore generally possible, but subject to certain conditions. The aim of this legal framework is to ensure a fair balance of interests between the individual wishes of each property owner and the well-being of the entire community of owners.
Simplified approval for structural changes since the new WEG lawLink to this section
The 2020 reform of the condominium association (WEG) fundamentally revised the rules for structural changes in condominium associations (WEGs). One of the central goals of this reform was to simplify and accelerate decision-making.
Before the reform, the consent of all owners was required for structural changes. This high hurdle made many modernization measures difficult. The new regulation stipulates that a simple majority of votes is now sufficient for most construction decisions. This means that the homeowners' association can respond more flexibly to changes.
Despite the simplifications, a resolution remains necessary. Although condominium law has been modernized, an official resolution from the owners' meeting is still required for any structural changes. This procedure ensures that the interests of all condominium owners are taken into account.
The decision-making process
The decision-making process usually involves the following steps:
Submission of the draft resolution:The apartment owner who plans to make a structural change submits a corresponding resolution to the Property management a.Inclusion in the agenda:The administration will include the issue in the agenda of the next owners’ meeting.Vote:The proposed resolution will be voted on during the meeting.Collection of resolutions:If the vote is positive, the resolution will be included in the Community’s official resolution collection.
Learn more about the owners’ meeting: Everything about the Quorum of the owners' meeting and what you should know about it.
Special case of privileged measures
The so-called privileged measures represent an exception in this regard. These can be implemented by individual apartment owners under certain conditions without the consent of the other apartment owners. This regulation is intended, in particular, to strengthen the individual desire of apartment owners to shape their own plans, for example, to improve individual burglary protection.
However, the co-owners not only have a right of veto, but can also be actively involved in the design of the renovation measures. For example, they can specify precise specifications for the execution of the work or decide whether the affected owner will carry out the work themselves or whether the community will take over this task. If the decision is made to have the work carried out by the community, the owner requesting the change must generally pay an advance.
Challenge decisions on structural changes – this possibility existsLink to this section
Decisions regarding structural changes made at an owners' meeting are not always final – they can be challenged under certain circumstances.
A valid reason for contesting the lease exists if the planned structural change results in a significant redesign of the entire common property. This could, for example, be the addition of a large conservatory or the conversion of common areas.
Furthermore, you could challenge a decision if individual property owners are disproportionately disadvantaged by the measures. This disadvantage can manifest itself in a variety of ways, such as a significant restriction on the use of their own property or a disproportionate increase in their own costs. Whether such a disadvantage exists is often a complex legal question that must be determined by a court on a case-by-case basis.
The consequences of a successful challenge
If a resolution is successfully challenged or a structural change is made without the required consent, the affected co-owners generally have the right to demand that the measures be reversed. However, please note that this right may be subject to a statute of limitations. The statute of limitations is generally three years and begins from the time the affected co-owner becomes aware of the change.
Coverage of costs for structural changesLink to this section
When structural changes are made to a condominium association, the question arises as to who bears the resulting costs. The Condominium Association Act also regulates this issue and generally stipulates that the costs of structural changes are borne by the condominium owner who requested them (Section 21 (1) of the Condominium Association Act).
Exceptions and special regulations
However, there are situations where this principle can be deviated from. For example, joint cost sharing is possible if the change implemented benefits all condominium owners and the costs are reasonable. Approving such joint financing generally requires the approval of more than two-thirds of the condominium owners, who also hold more than half of the co-ownership shares.
Even for decisions made by a simple majority, you can consider jointly sharing costs, provided that the investment made will pay for itself within a reasonable period of time, for example through energy savings or an increase in the value of the property.
These legal regulations aim to ensure a fair distribution of costs while simultaneously enabling sensible structural changes that benefit the entire condominium association. The possibility of joint financing also allows for larger condominium projects to be realized, which are in the interest of all condominium owners.
Maintenance, modernization, structural changes – terms explainedLink to this section
Now you've read many terms like remodeling, preservation, modernization, measures, structural changes, changes to preserve common property, etc. Finally, let's take a closer look at all the terms and define them to differentiate them from one another. These can be divided into four main categories:
1. Maintenance and repair
These measures are designed to keep the property functional or to repair damage. These costs are often covered by the maintenance reserve.
2. Modernizing maintenance
These are repairs that simultaneously ensure the property's technical standards are kept up to date. The distinction between structural changes and modernization maintenance can sometimes be quite complex and often requires the assistance of a specialist lawyer.
3. Modernization
The goal here is to improve the technical condition and increase the value of the property. Often, this involves reducing operating costs or increasing rental income. Unlike modernization maintenance, there is no immediate need for this.
4. Structural changes
You're already familiar with this category. Remember: It includes permanent changes to the property, such as renovations or extensions. Such measures require a resolution from the owners' meeting. If other members of the condominium association could be affected, their express consent is required.
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