Owners meeting

The owners' meeting is there so that owners of a WEG are informed about the status. Projects relating to the maintenance of the property are also decided here. Another point are changes such as: B. a new technology in energy processing (new heating, solar energy, etc.). The annual accounts are also discussed and objections are addressed at the owners' meeting. The administrator is also relieved of his duties, re-elected for a new period or even voted out. Voting rights can be determined in the form of pro rata shares or based on ownership shares.

In principle, every apartment owner can be represented by any person at the owners' meeting. The apartment owners can therefore authorize another person to exercise their voting rights.

Can an apartment owner be represented in the apartment owners' meeting? The apartment owners' community regulations usually contain a so-called representative clause. It limits representation to a manageable group of people (spouse, close relatives, administrator).

It is the duty of a property management company to call all owners to a meeting at least once a year. This is not public. Whether such gatherings are currently allowed to take place depends on the regulations of the respective federal state.

The homeowners' meeting must be called at least three weeks in advance, unless there is a particularly urgent case (Section 24 Paragraph 4 Sentence 2 WEG). Good to know: If the deadline for convening a meeting is not met, it does not mean that the resolutions made are invalid.

The invitation letter must state the time and place of the homeowners' meeting. The agenda is also of considerable importance, because according to Section 23 Paragraph 2 WEG, for resolutions to be valid it is necessary that the subject matter of the resolution is stated in the invitation.

The holder of a real right of residence or a permanent right of residence also has no voting rights. Neither usufructors nor those entitled to live there are to be invited to the meeting. Due to the principle that the owners' meeting is not open to the public, you also have no right to participate.

An owners' meeting has a quorum as soon as at least one apartment owner is present. The only requirement for this person is that they have voting rights. This regulation has only existed since the WEG reform in 2020.

Important to know: The property manager must choose a date for the owners’ meeting that is “customary and reasonable”. This includes, for example, the evening of a weekday.

Present agenda items. Lead discussions. Carry out voting. Enter resolutions into the resolution collection.

In the case of urgent maintenance measures, the administrator may also take action without a decision from the owners (Section 27 Paragraph 1 No. 3 WEG). Urgent maintenance measures are those where waiting for a decision by the owners' meeting would endanger the common property.

What voting rights are there in the owners' meeting?
If there is no express regulation on voting rights in the declaration of division, the so-called “head principle” in accordance with Section 25 Paragraph 2 WEG generally applies. According to this, each apartment owner is only entitled to one vote, regardless of how many apartments or units they own.

A resolution of the homeowners' meeting is invalid if it does not comply with the provisions of the WEG Act or the principles of proper WEG administration, which are defined by the law and case law.