Community Of Owners

2023 Author: Hannah Pearcy | [email protected]. Last modified: 2023-11-26 11:39

All owners of apartments in a so-called property system form a community of apartment owners. This community has to make numerous decisions together - a harmonious coexistence is very important! With the good neighborhood, however, it can quickly be over when repairs or structural changes and thus costs are in the house. Because: Who actually has to pay for the heat-sealing roller shutters, the new radiator valves or the modern intercom? For what expenses is the community of ownersresponsible and what does every owner have to pay out of their own pocket? Anne Kronzucker, lawyer at DAS Legal Protection Insurance, explains: "The cost of maintaining or modernizing a property results from the separation of shared and special property."

Difference between individual property and community property

As a rule of thumb to distinguish between these two types of property, the following applies: Community property includes the property itself and all parts of the building that are necessary for the existence or security. These are, for example, load-bearing walls or ceilings and the roof. It also includes everything that shapes the outer shape of a property, i.e. windows or the exterior painting of a balcony railing. The same applies to systems that all residents of the house use, such as a stairwell or elevator. On the other hand, all parts of a building that do not belong to the common ownership are classified as special property. These are primarily the individual condominiums, including for example interior doors, interior plaster or non-load-bearing partitions. The respective owner is responsible for maintenance here. With regard to community property, he is obliged to the other owners to bear the costs, e.g. B. to participate in maintenance and administration according to his ownership.

Ownership groups for special usage rights

The so-called “special usage rights” encompass areas that can be assigned to joint ownership in any case, but can still be used by a specific owner. For example, an owner can acquire the sole right to use an above-ground parking space or a garden area. Nevertheless, the special-use area generally remains in joint ownership, even if the other owners are excluded from using the area. Therefore, the maintenance and repair of the special use area is still the responsibility of the community of owners. Exception: "When granting a special right of use, for example for the garden, it is agreed among the apartment owners that the owner of the garden apartment will assume the effort and costs for garden maintenance," explains D. AS lawyer. The assignment of special usage rights and the transfer of maintenance obligations and costs are usually carried out as part of the declaration of division.

Clarification in the declaration of division

A distinction between community property and special property is not always clear for owners: for example, when a balcony is due for repair, the facade components and the cast concrete floor slab are usually attributable to community property. However, if the owner has individually covered the balcony floor with decorative tiles, he must take care of the renovation himself. What is decisive for the subdivision is what is referred to in the declaration of division by the community of owners as special property. This can differ in detail from property to property.

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All measures relating to community property are discussed at the owners' meetings. "It is not always easy for which decisions which majority ratios apply," explains the DAS lawyer and explains: "The owner's assembly can decide on maintenance or repair work with a simple majority of votes." All measures going beyond this require the consent of each apartment owner who is affected by the work. In some cases, this can even be all homeowners - for example, with visual changes such as a new exterior paint. If it is a matter of modernizing the building in accordance with tenancy law or if the system is only to be adapted to the state of the art, the consent of a double qualified majority is sufficient,three-quarters of all owners. The consenting owners must again hold more than half of the co-ownership shares. This can also force opponents of the decision to share in the costs. Examples of such modernization measures are the installation of an energy-saving heating system or a modern electrical installation. The legal portal at www.das.de/rechtsportal provides further information. The legal portal at www.das.de/rechtsportal provides further information. The legal portal at www.das.de/rechtsportal provides further information.

Did you know that…? DAS expert Anne Kronzucker explains

What is special and community property?

• The shared property includes the property and all parts of a building that are necessary for the existence or security, such as load-bearing walls, ceilings, roofs, windows as well as staircase and elevator.
• The community of owners is responsible for the maintenance of community property.
• The rooms of the condominiums themselves count as special property. The respective owner is responsible for maintenance and any costs that may arise.
• The division into special and community property can be found in the declaration of division by the community of owners.

Text: DAS Rechtsportal Photos: DAS