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The Condominium Act contains precise regulations regarding the deadlines for invitations to the owners' meeting. It is important to adhere to these deadlines so that the resolutions passed by the WEG are effective at all. In this article, you can find out what you need to bear in mind when it comes to the invitation deadlines for owners' meetings.
The statutory deadline for convening the WEG owners' meeting
According to Section 24 (4) sentence 2 of the Condominium Act, the invitation period must be at least three weeks before the owners' meeting. This statutory notice period is intended to guarantee that all owners are informed in good time and can plan their participation in the owners' meeting.
The invitation period is a minimum period - longer periods are therefore also possible without any problems. For example, the convening of the owners' meeting may require a longer deadline if a specific topic is to be on the agenda for which the owners need a somewhat longer preparation time. This is the case for complex resolutions, for example.
Shorter deadlines are only permitted in urgent cases (see shortened invitation deadline).
Contractually agreed WEG invitation period
Instead of the statutory deadline for convening the owners' meeting, there may also be another contractual agreement. In order to check the relevant deadline for convening the condominium owners' meeting, the declaration of division or community rules must therefore always be considered first. Many owners' associations have a deadline that deviates from the law. If, for example, the WEG has included a longer deadline, the statutory minimum deadline of three weeks is overridden and the contractually agreed invitation deadline applies.
WEG reform: WEMoG has extended deadline from 2 to 3 weeks
The legal regulation on the invitation period for owners' meetings has changed in recent years. Until the WEG reform, an invitation period of two weeks was generally sufficient. When the Condominium Modernization Act (WEMoG) came into force on 1 December 2020, this period was extended to three weeks.
The extension of the invitation period for owners' meetings to at least three weeks offers you as a condominium owner a number of advantages:
- More time to prepare: You now have even more time to study the items on the agenda in detail and formulate your questions.
- Fairer decision-making: You can prepare more thoroughly for an objective and fair discussion of all topics at the WEG meeting.
- Better participation: The longer preparation and planning time increases the likelihood that you will be able to attend the meeting. Greater participation also means a broader diversity of opinions. This means that decisions can be better informed and more balanced.
- Fewer challenges: A proper invitation with sufficient notice reduces the risk of challenges to meeting resolutions.
The shortened invitation period for the owners' meeting - only in urgent cases
Cases of particular urgency can shorten the invitation period for convening the WEG. The individual case is always decisive here: the WEG Act does not define when something is particularly urgent. However, the decisive factor is whether the case of urgency is relevant from the owners' point of view.
Therefore, if a shortened convocation period can avert imminent disadvantages for the homeowners' association, this period is considered justified. It should be noted that all owners can exercise their voting rights despite the shortened deadline.
Example of the invitation period for the WEG invitation
If there is no case of particular urgency for inviting the condominium owners, the statutory or agreed notice period must be observed. The date on which the owners receive their invitation to the owners' meeting is always decisive for compliance with the deadline.
An example: The owners' meeting is to take place on Tuesday, 06.02.2024. In order to meet the statutory deadline, the owners must receive their invitation at least three weeks in advance, i.e. by 16.01.2024 at the latest.
If the deadline falls on a Sunday, the invitation to the owners' meeting must be sent no later than the Saturday before. Condominium invitations sent by email can be sent on the same day. Your property management company should always allow for a postal delivery time of around 3 days.
Tip: The invitation deadline for the owners' meeting must be observed by the property management company. If you are dissatisfied with your current property manager and would like to change property managers, you can work with Ralph to ensure a smooth, quick transition.
Missed the deadline? The consequences
If your current property management company has missed the invitation deadline for the owners' meeting or calculated it incorrectly, this does not directly affect the resolutions passed by the WEG. Nevertheless, an action for a resolution can be brought and the validity of a resolution contested. The basis for this would be a formal defect in the resolution.
An example: If you, as the owner, are unable to attend the owners' meeting because the deadline is too short and are therefore unable to exercise your voting rights, you can challenge the validity of the resolution.
The reason: If an owner does not attend the meeting at all, he or she could have influenced the opinions of the other owners, which could potentially have led to a different voting result.
The same applies if an owner was unable to adequately prepare for the meeting due to a short notice period and was unable to present his or her personal arguments.
The exception: However, if it can be established that the contested resolution would also have been passed if the invitation had been issued in due time, a declaration of invalidity is excluded.
Who may convene an owners' meeting?
In principle, the owners' meeting can be convened by various people. As a rule, however, it is the property management company that convenes the meeting. However, an individual owner can also convene an owners' meeting under certain conditions. This is the case, for example, if urgent decisions need to be made or if a quarter of the owners request this.
Who must be invited to an owners' meeting?
All owners must be invited to an owners' meeting. Future owners also have a right to attend the meeting.
Tenants who have a power of attorney from their owners can also take part in the meeting.
In some cases, experts can be invited to provide the owners with legal, technical and regulatory advice. These include, for example, lawyers, tax consultants, building experts, structural engineers or architects.
Tip: Family members or friends may not be invited, as an owners' meeting is held in camera.
What must an invitation to the owners' meeting contain?
An invitation to the owners' meeting must contain certain information. This includes first and foremost ...
- Name and address of the recipients
- Name and address of the property management company
- Address and name of the WEG
- Agenda of the meeting
- Place and time of the meeting (address and name)
- Time of the meeting (date and time)
In addition, the invitation should include a reference to the possibility of nominating a representative if the owner is unable to attend in person.
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How is the invitation to the owners' meeting sent out?
As a rule, the invitation to the owners' meeting is sent in writing by post, but it is also possible to send the invitation by e-mail if the owners concerned have agreed to this.
How often should the owners' meetings be convened?
Pursuant to Section 24 (1) WEG, every homeowners' association is obliged to hold a WEG meeting at least once a year (see also Duties of the WEG administrator). The purpose of this statutory regulation is to ensure that all condominium owners are informed about the interests of the community through regular participation and can make decisions together.
In addition, further owners' meetings can be convened if this is in the interests of proper administration or if the condominium owners have stipulated certain cases in their community rules in which a condominium owners' meeting must be convened. In addition, more than a quarter of the condominium owners have the right to request an extraordinary meeting in writing if they deem this necessary and state the reasons (Section 24 (2) WEG).
Administrator refuses invitation to WEG meeting - what to do?
If the manager refuses to convene a homeowners' meeting, another member of the homeowners' association, the chairperson of the management advisory board, can convene the homeowners' meeting. The condominium owners can also jointly decide that a specific owner should take on this task. This is the case, for example, if the condominium does not have an administrator.
No more missed deadlines with Ralph
Many owners are uncomfortable with the formalities for owners' meetings, especially if their property management company does not take care of them or does so inadequately.
With Ralph, the search for a professional and modern property management company has come to an end. If you want to change your property management company, missed deadlines or other formal errors are a thing of the past. Do you find the offer exciting? You can find all further information about our services, extras and costs on our information page Property management costs.
Would you like to switch directly to Ralph? Switching property management is now very easy and works practically on autopilot with Ralph. Leave us a message and we'll get back to you to discuss it in more detail.
