Challenging resolutions of the owners' meeting

The one-month deadline

The action to challenge a resolution must be brought within one month of the resolution, and its grounds set out within two months of the resolution (§ 45 WEG). The deadline runs from the meeting, not from receipt of the minutes. If the minutes come late, what remains is inspecting the collection of resolutions held by the property manager, and a precautionary action.

Who is sued, and where

Since the reform of condominium law on 1 December 2020, the action is brought against the community of owners (Gemeinschaft der Wohnungseigentümer), no longer against the other owners (§ 44 (2) WEG). In court the community is represented by the property manager. The local court (Amtsgericht) for the district where the property lies has jurisdiction.

Voidable or void

Most errors only make a resolution voidable: a defective invitation, a wrongly declared majority, or content that contradicts proper management. If such a resolution is not challenged in time, it becomes final. A resolution is void only for serious defects, for example where the community had no power to decide the matter by resolution. Any owner may rely on voidness without a deadline.

What applies until judgment

A challenge does not suspend the resolution: it applies and is carried out until a court finally declares it invalid (§ 23 (4) WEG). In urgent cases its implementation can be stopped by an interim injunction. Where the community has refused a necessary measure, an owner may also ask the court to substitute the missing resolution (§ 44 (1) WEG).

Costs and prospects

The costs depend on the value in dispute, which the court sets by the interest in the decision (§ 49 GKG). Whoever loses usually bears the costs of the proceedings. Before bringing an action it is therefore worth asking whether the error can have affected the outcome, and whether the goal can also be reached at the next meeting.

How I help

I check the resolution and the minutes within the deadline, assess the prospects and the costs, and bring the action where it is worth it. For property managers and communities of owners, I prepare resolutions so that they withstand a challenge.