Homeowner association
The owner community is in Germany the totality of the homeowners of a residential property investment under the Condominium Act ( WEG). The community is justified by the contractual concession of private property in accordance with § 3 WAY or by division according to § 8 WAY. The apartment owners association is partly legal capacity (§ 10 Abs.6 WEG). Despite some commonality (partial legal capacity, community of joint ) WEG is not a civil right, but a federation of its own kind
If homeownership newly formed by division according to § 8 WAY, is usually at a later date ( land registration of new owners ) a home owners' association exists. Here the Judicial drying has created ( in a similar way as in corporate law ) the expectant community of owners.
Although the community of owners is set out to be " inextricably ", there is still de facto the possibility of amicable termination and conversion into a community of part (§ 17 Condominium Act ). Besides, it can come to a resolution, if the building is wholly or partially destroyed, and a commitment to the reconstruction does not exist (§ 11 WEG).
Management
According to § 20 WEG management is for the apartment owners and managers. In small condominium associations (a few co-owners or flats) is sometimes not appointed administrator. In most communities, however, a trustee is appointed to ensure the practical administrative work. Often a company will be appointed to manager (eg GmbH or KG ); In such cases, one speaks of the residential property management.
Ordinary transactions incurred by the condominium management or their legal representative (eg the management ). For this purpose the commission, hiring and supervision of service providers or staff can (eg janitorial or cleaning staff ) belong. The special property of the respective apartment owners are not subject to management by the community or the Administrator.
The supreme decision-making, consensus-building and self-governing body of the community of owners, the apartment owners' meeting (§ 23 WEG). It must be called at least once a year by the Administrator ( § 24 para 1 WEG). However, it can also include other owners' meetings held ( § 24 para 2 WAY ).
The apartment owners' meeting is responsible among other things for decisions on the economic plan and the annual billing, which are the basis for the corresponding payment obligations of the owner and for the proper management of residential property investment as a whole.
The invitation to the apartment owners' meeting must take place on time at least two weeks in accordance with § 24 para 4 WAY in advance in writing. The Assembly is according to § 25 WAY quorum when more than half of the co-ownership shares are represented.
The apartment owners may by majority vote the appointment of an Advisory Board decide (§ 29 paragraph 1 sentence 1 WEG).
About the rules of proper management, the owner may decide by majority vote ( § 21 para 3 WAY ). Measures derogating from the law, however, can only be taken by way of agreement, must agree to all property owners (§ 10 paragraph 2 sentence 2 WAY ). In order for such agreements also apply to those who are home owners are only after conclusion of the agreement, the agreement must be entered as the content of private property in the land register ( § 10 para 3 WAY ). For the registration of the notarial form is required. Such an agreement is made in almost all homeowners' associations as community order, often ( inaccurately ) known as declaration of division.