Draft on the new WEG law (Apartment Ownership Modernization Act)

Draft on the new WEG law (Apartment Ownership Modernization Act-WEModG).

Here is a brief overview of what is essentially intended.

Permit construction measures
In the future, apartment owners and tenants should have the right to be granted construction measures to promote electromobility, barrier reduction and burglary protection. Construction measures should in principle be possible with a simple majority of votes, provided that the housing complex is not fundamentally redesigned. The billing of the management costs in rented condominiums should be based on the distribution law of residential property law.

Strengthening legal certainty in the justification phase
According to the draft, more legal certainty is to be created in the justification phase of the community. The Housing Ownership Act should apply immediately to prospective owners when the land registers are created.
Extension of special property
In the future, special property should also be able to extend to open spaces such as terraces, gardens and parking spaces.

Modernization of the apartment owners’ meeting
The apartment owners’ meeting should be upgraded as a central decision-making location in such a way that the charge period is extended from two to four weeks and obstacles to the quorum are removed. The quorum quorum is to be lifted. The regulations for the second meeting no longer apply. At the same time, apartment owners are to be able to attend meetings online and electronic decision-making will be introduced.
Circulation decisions should in future be possible in text form, so that a personal signature is no longer necessary.

The legal obligation to collect decisions should be abolished.

Flexible composition of the advisory board
We very much welcome the fact that the call for a flexible composition of the Advisory Board has also been reflected. The whether and the number of advisory board members should in future be left to the discretion of the owner community.

Strengthening administrative skills
The original managerial competencies are to be strengthened by the fact that measures of ordinary administration as well as urgent measures can be implemented immediately without a decision of the owner.

Annual asset report
We are critical of the new regulation, according to which the administrator should not only prepare the annual accounts and business plan, but also an annual asset report, which should provide information about the economic situation of the community. The estimated additional time of 15 minutes appears to be unrealistic.
Removal of the administrator is facilitated
We are also critical of the easier possibility of dismissing the administrator. According to the draft, this should not be based on the existence of an important reason.
The above list is not exhaustive.