No rent increases, paint how and when you want: your own four walls are a piece of freedom. But whoever buys a condominium is facing new discussions – with the other owners in the house. The grand coalition now wants to simplify decisions.
An amendment to the law is intended to facilitate renovations, conversions or the installation of electric charging stations in residential buildings. Right-wing politicians from the Union and the SPD in the Bundestag have agreed on a reform, as both sides confirmed. First, the "Spiegel" reported on the compromise. "With this amendment we are making the dusty residential property law fit for the future," said the legal policy spokesman for the Union parliamentary group, Jan-Marco Luczak.
"In the future, a single apartment owner can request the installation of a charging facility for electric vehicles, a barrier-free conversion, burglar protection or a fiber optic connection from other owners if he bears the costs himself," explained the legal and consumer policy spokesman for the SPD parliamentary group, Johannes Fechner , and Michael Gross, the rapporteur responsible for the subject. "Now important investments can be made without overwhelming financially weaker owners."
The bottom line is that the majorities required for renovations and renovations are falling. "We are making homeowner associations more capable of acting and enabling investments," said Luczak. So far, apartment owners' associations have lagged behind other forms of ownership in energy-efficient renovation.
If the changes pass the Bundestag in September as planned, they could come into force in November. For modernizations such as the installation of an elevator or the renovation of a facade, a majority of the owners will be needed in future, according to the compromise. But only those who voted for the construction would have to pay – the SPD calls this a "coalition of those willing to renovate".
Black sheep should be displaced
If, on the other hand, a two-thirds majority of the votes cast is achieved, which at the same time includes at least half of the co-ownership, all owners must pay for a modernization. However, the costs must not be disproportionate. The co-ownership share is based on the owner's share of the property. According to the agreement, property managers must in future bring a certification and take an examination at the Chamber of Commerce and Industry. Apartment owners have an actionable claim on this, as Luczak said. "This will significantly increase the quality of home ownership management and drive unqualified administrators or even black sheep out of the market."
The apartment owners would have to keep their hats in the end, said Luczak. "That is why we have ensured that expensive and significant matters are always decided by the owners themselves and not the administrator." However, he should be able to initiate minor repairs independently. Owners should also be able to part with their manager more easily in the future. Fechner and Groß from the SPD also stated: "Should owners suffer damage as a result of a mistake by the administrator, they will continue to have their own claim for damages."
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