Practice area
Condominium law (WEG-Recht) in Frankfurt am Main
Advice and representation for apartment owners and property managers.
Owners' meetings and resolutions
Most disputes begin at the meeting: the invitation and its notice period, whether the meeting is quorate, the agenda, voting rights and how the resolution is worded. I review the invitation and the draft resolutions before the meeting, and afterwards I assess whether a resolution will stand.
Challenging a resolution
An action to challenge a resolution must reach the court within one month of the resolution being passed, and must be substantiated within two months (§ 45 WEG). Those deadlines cannot be extended, so I deal with them first: come to me as soon as the minutes arrive. The action is brought against the community of owners.
Service charges, the budget and the annual statement
Who pays what, and when, follows from the resolutions on the budget and the annual statement. I represent communities and property managers in recovering unpaid service charges, and individual owners in checking the statement and the allocation formula.
Separate property, common property and structural changes
Whether windows, a balcony, flooring or pipes belong to the separate or to the common property decides who is responsible and who pays. Structural changes, a charging point, a barrier-free conversion or a roof terrace, require a resolution. I prepare it and establish who bears the cost (§§ 20 and 21 WEG).
Appointing the manager, and the management contract
The appointment and the contract are two different things: if the manager is removed, the contract does not end at the same moment, but at the latest six months later (§ 26 (3) WEG). I review management contracts, handle appointment and removal, and advise managers on their duties towards the community.
Condominium disputes are heard by the local court (Amtsgericht) for the district the property lies in. I advise apartment owners, communities and property managers out of court and represent them there.
Frequently asked questions
When does the deadline to challenge a resolution start?
On the day the resolution is passed at the meeting, not when the minutes arrive. The action must be filed within one month and substantiated within two months (§ 45 WEG). If the minutes come late, the time for a careful review runs short quickly.
Against whom is the challenge brought?
Since the condominium law reform of December 2020, against the community of owners itself, no longer against the other owners (§ 44 (2) WEG). In court, the community is usually represented by the property manager.
May I install a charging point for my electric car?
Every owner can demand to be permitted reasonable structural changes that serve, among other things, charging electric vehicles, barrier-free access, protection against burglary or a fast internet connection (§ 20 (2) WEG). The community decides on the how by resolution; the costs are generally borne by the owner who asked for the change (§ 21 (1) WEG).
What can the community do when an owner does not pay the service charges?
It can sue for the arrears and enforce the judgment, up to a forced sale of the flat. In a forced sale, service charge claims rank ahead of the banks' mortgages to a limited extent (§ 10 (1) no. 2 ZVG), which secures them better than ordinary claims.
Your matter
Describe your matter briefly by email, call, or book an appointment directly. You will receive a reply within two days.