Condominium & Homeowners Association (WEG) Disputes Germany

German Real Estate Lawyers

Condominium & Homeowners Association (WEG) Disputes Germany

German Real Estate Lawyers

Condominium law (WEG law) concerns regulations relating to divided properties, such as the rights of individual owners within a larger complex. WEG law impacts many individuals, such as condominium owners, tenants and property management. When major decisions need to be made concerning renovation, maintenance, and managing condominiums/properties, it can open the path to potential legal disputes.

Schlun & Elseven Rechtsanwälte provides comprehensive assistance to our clients in all matters of WEG law. If you require legal support in condominium & homeowners association (WEG) disputes in Germany, please do not hesitate to contact our firm directly.

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Our Services:

  • Drafting legal documents, including contracts and pleadings

  • Negotiations
  • Representation in legal proceedings

How to Proceed when Disputes Arise

WEG disputes are a serious matter and careful consideration needs to go into resolving the issue as these other members often are your neighbours. Threatening legal action from the beginning can sour relations and make life more difficult for everyone involved.

Our lawyers are very familiar with such issues and can clarify them during consultations. The matter may be resolved by calling a WEG meeting or by consulting with the WEG administration. Our team will be by your side during these important discussions.

However, more serious matters may need to be looked at carefully, and an out-of-court negotiation or mediation may be needed. Mediation does not need to be publicised and can lead to issues being tackled without the need to go before a court. It is still a relatively formal process and our lawyers can support you in such cases.

If the matter cannot be resolved with out-of-court methods, then court action needs to be seriously considered. As a full-service law firm, we implement a collaborative approach for our clients. Through insightful analysis, thorough preparation and resolute representation, our team will lay the foundations for a successful case. You can rely on us to fully outline the options available to you.

Condominium Ownership: Rights and Responsibilities

Once a person has become a condominium property owner, they are given certain rights and responsibilities.

Property owners are entitled to make changes to their property. However, under § 13 WEG, these changes can only be made if there are no conflicting third-party rights. This provision provides the apartment owner with the right to occupy the condominium themselves, rent it to others or use it another way.

However, there is also common property within the complex that the condominium owner cannot unilaterally change, which can lead to conflicts. Buyers of an apartment in a complex should be aware that upon purchase of the property, they become part of an owners’ association, which binds them to the existing agreements made by that body.

This binding includes decisions that were made before they bought their apartment. Therefore, before purchasing a condominium, it is essential to perform due diligence regarding the rules of the WEG body.

When joining the homeowners association, it is worth becoming aware of the relationships within the association and working with the body where possible. This collaboration can be frustrating, but contesting decisions against the majority of other owners can be a complex process.

Such bodies can limit what the condominium owner can do regarding renovations, decisions on renting the property, converting the property and other significant findings. However, this does not mean they should do nothing against the body and suggests they should consult with professionals before making decisions.

Working with experienced lawyers allows them to examine the contents of the agreements and what limits exist. Homeowners associations cannot act as they please. Therefore, our lawyers will resolutely enforce your claims when there are errors in adopting resolutions, incorrect procedures have taken place or where they have overreached.

Our lawyers support clients in interpreting partition declarations, reviewing the legality of WEG resolutions and challenging them where necessary, providing advice regarding structural changes to common property and support with the use of the common property.

Advising Homeowners Associations

Our lawyers also advise and represent Homeowners Associations in all matters of WEG law.

As a Homeowners Association, it is vital that there are clear divisions between what is considered common property and individual property. This division is essential in matters of maintenance obligations and when there are repair needs.

There is often clarity regarding common property, such as elevators used by all owners or particular hallways and entrance points. However, it is not always the case.

Our lawyers can advise you regarding documents detailing this division. If needed, our lawyers are available to assist homeowners associations with the interpretation and redrafting of declarations of division.

Other disputes can arise regarding the role of the association’s administrator. Our lawyers advise clients regarding the powers allocated to the position and outline what protections exist. We also provide comprehensive legal guidance to administrators regarding their rights and obligations, including guidance on matters such as resolutions of previous owners’ meetings.

If individual condominium owners do not follow the requirements as laid out and agreed to by the homeowners association, our lawyers are ready to enforce the decisions. The homeowners association may have made these decisions on matters such as financial contributions towards specific issues.

Our legal team will analyse the subject and seek out-of-court resolutions where possible but will be ready to provide expert support should the case need to be resolved in court.

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Practice Group: German Real Estate Law

Practice Group:
German Real Estate Law