Our Services in WEG Disputes
As WEG Dispute lawyers, our team will negotiate for and represent you in important discussions with other members of the WEG. By this, our lawyers will provide you with clear assistance with asserting your rights. Where a resolution has passed that you disagree with during a WEG meeting, it is vital to act quickly, as deadlines can easily come and go. Our lawyers are widely experienced in matters such as representing property managers, supporting condominium owners, contesting resolutions and participating in important WEG meetings.
Here is a non-exhaustive list of our services in WEG disputes in Germany:
- Accompaniment at owners’ meetings,
- Advice regarding partition plans,
- Drawing up & checking partition licences
- Legal matters relating to the WEG administrator such as their appointment, their duties and powers, voting rights and the dismissal of the administrator,
- Contesting and determining invalidity of resolutions,
- Drawing up & checking community rules,
- Legal insight into relevant provisions of the Condominium Act (WEG),
- Representation in matters of construction defects,
- Support in matters relating to structural changes,
- Other conflicts of the owners’ association
As a full-service law firm, the team at Schlun & Elseven Rechtsanwälte can approach the matters at hand from multiple angles. The information on this page should only serve as a general guideline to the legal field but should not be seen as a replacement for legal support tailored to your needs.
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 the 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, and this 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 means that 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 matters such as the interpretation of 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 special and 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.