The Condominium Act (WEG) contains precise regulations regarding the notice periods for owners' meetings. Adhering to these deadlines is essential for the resolutions passed by the condominium association to be effective. This article explains what you need to keep in mind regarding the notice periods for owners' meetings.
The statutory deadline for convening the WEG owners’ meetingLink to this section
Loud WEG Act According to Section 24, Paragraph 4, Sentence 2, the notice period must be at least three weeks before the owners' meeting. This statutory notice period is intended to ensure that all owners are informed in good time and can plan their participation in the owners' meeting.
The notice period is a minimum, so longer periods are also possible. For example, convening the owners' meeting may require a longer notice period if, for example, a specific item is on the agenda that requires the owners to prepare for a longer period of time. This is the case, for example, with complex resolutions.
Shorter deadlines are only permitted in urgent cases (see shortened invitation period).
Contractually agreed WEG invitation periodLink to this section
Instead of the statutory notice period for convening the owners' meeting, there may also be another contractual agreement. To determine the relevant notice period for the condominium association's meeting, the declaration of division or community regulations must always be considered first. Many condominium associations have a notice period that differs from the statutory one. If, for example, the condominium association has specified a longer notice period, the statutory minimum notice period of three weeks is overridden, and the contractually agreed notice period applies.
WEG reform: WEMoG has extended the deadline from 2 to 3 weeks
The legal regulations regarding the notice period for owners' meetings have changed in recent years. Before the reform of the German Condominium Act (WEG), a notice period of two weeks was generally sufficient. With the entry into force of the German Condominium Modernization Act (WEMoG) on December 1, 2020, this period was extended to three weeks.
The extension of the notice period for owners' meetings to at least three weeks offers you as a homeowner several advantages:
More time to prepare:You now have even more time to consider the agenda items in detail and formulate your questions.Fairer decision-making:You can prepare more thoroughly for a factual and fair discussion of all topics at the condominium association meeting.Better participation:The longer preparation and planning time increases the likelihood that you will be able to attend the meeting. Higher participation also means a wider diversity of opinions. This allows for better-informed and more balanced decisions.Fewer challenges:A proper invitation with sufficient notice reduces the risk of challenges to the meeting’s resolutions.
The shortened invitation period for the owners’ meeting – only in urgent casesLink to this section
Particularly urgent cases may shorten the notice period for convening the condominium association meeting. This always depends on the individual case: the Condominium Association Act does not define when something is particularly urgent. However, the decisive factor is whether the urgency is relevant from the owners' perspective.
Therefore, if a shortened notice period can avert impending disadvantages for the condominium association, this period is considered justified. It should be noted that all owners can exercise their voting rights despite the shortened notice period.
Example of the invitation period for the WEG invitationLink to this section
Unless there is a particular urgency for inviting the condominium owners, the statutory or agreed notice period must be observed. When inviting owners to a meeting, the day on which the owners receive their invitation is always the decisive factor for compliance with the notice period.
An example: The owners' meeting is scheduled to take place on Tuesday, February 6, 2024. To meet the statutory deadline, owners must receive their invitation at least three weeks in advance, i.e., no later than January 16, 2024.
If the deadline falls on a Sunday, the invitation to the owners' meeting must be delivered no later than the Saturday before. Condominium association invitations sent by email can be sent the same day. For mail, your property management company should always allow approximately three days for delivery.
Tip:The property management must observe the notice period for the owners’ meeting. If you are dissatisfied with your current manager and the Change property management want to, work with Ralph to create a smooth, quick transition.
Missed the deadline? The consequencesLink to this section
If your current property management company missed the deadline for the owners' meeting or miscalculated it, this won't directly affect the resolutions passed by the condominium association. However, an action can be filed and the validity of a resolution contested. The basis for this would be a formal defect in the resolution.
An example:If you as an owner are unable to attend the owners' meeting due to insufficient notice and are therefore unable to exercise your right to vote, you can challenge the validity of the resolution.
The reason:If an owner were to stay away from the meeting entirely, they could have influenced the opinions of the other owners, which could potentially have led to a different voting outcome.
The same applies if an owner was unable to prepare sufficiently for the meeting due to the notice period being too short and was unable to present his or her personal arguments.
The exception:However, if it can be established that the contested resolution would have been adopted even if the invitation had been sent within the deadline, a declaration of invalidity is excluded.
Who may call an owners’ meeting?Link to this section
In principle, the owners' meeting can be called by various people. However, it is usually the property management company that calls the meeting. However, an individual owner can also call an owners' meeting under certain conditions. This is the case, for example, if urgent decisions need to be made or if a quarter of the owners request it.
Who needs to be invited to an owners’ meeting?Link to this section
All owners must be invited to an owners' meeting. Future owners also have the right to attend.
Tenants who have a power of attorney from their landlords may also attend the meeting.
In some cases, experts may be invited to provide legal, technical, and regulatory advice to the owners. These include, for example, lawyers, tax consultants, building surveyors, structural engineers, or architects.
Tip:Family members or friends may not be invited, as an owners' meeting is held behind closed doors.
What must an invitation to an owners’ meeting contain?Link to this section
An invitation to an owners' meeting must contain certain information. This primarily includes...
· Name and address of the recipient(s)
· Name and address of the property management company
· Address and name of the condominium association
· Agenda of the meeting
· Place and time of the meeting (address and name)
· Time of the meeting (date and time)
The invitation should also include a reference to the possibility of appointing a representative in case the owner cannot attend in person.
How is the invitation to the owners' meeting sent?Link to this section
As a rule, the invitation to the owners' meeting is sent in writing by post, but it is also possible to send the invitation by email if the owners concerned have agreed to this.
How often should owners’ meetings be called?Link to this section
According to Section 24 Paragraph 1 WEG, every homeowners association is obliged to hold a WEG meeting at least once a year (see also Duties of the WEG administrator This legal regulation serves to ensure that all condominium owners are informed about the community's concerns through regular participation and can make decisions together.
In addition, additional owners' meetings may be convened if this is in the interest of proper management or if the condominium owners have specified in their community regulations that a condominium association meeting must be convened. Furthermore, more than a quarter of condominium owners have the right to request an extraordinary meeting in writing if they deem it necessary and provide appropriate reasons (Section 24 (2) of the Condominium Association Act).
Administrator refuses invitation to the condominium association meeting – what to do?Link to this section
If the property manager refuses to convene a meeting of the condominium owners, another member of the homeowners' association, the chair of the administrative board, can convene the meeting. The condominium owners can also jointly decide that a specific owner should assume this task. This is the case, for example, if the condominium association does not have a property manager.
With Ralph you won't miss a deadline againLink to this section
Many owners are uncomfortable with the formalities for owners' meetings, especially if their property management company does not take care of them or does so inadequately.
With Ralph, your search for a professional and modern property management company is over. If you're looking to change your property management company, missed deadlines and other formal errors will be a thing of the past. Are you interested in this offer? You can find all the information about our services, extras, and costs on our information page. Property management costs .
Would you like to switch directly to Ralph? Switching your property management company has become very easy and practically works on autopilot with Ralph. Leave us a message, and we'll get back to you to discuss the details.
