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.