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What are the community rules?
The community rules (Gemo for short) are a fundamental component of condominium law. They form the core of the declaration of division, which is prescribed by law and regulates the ownership aspects of a residential complex.
The community regulations are notarized and filed in the land register. Both owners and potential buyers have the opportunity to view the community regulations and find out about the specific rules.
The core purpose of the community rules is to structure the relationships between the owners, taking into account the individual characteristics of the residential complex. The owners themselves have the option of designing these community rules and deviating to a certain extent from the legal requirements of the German Condominium Act ( WEG-Gesetz ).
The limits of the community order
Certain legal provisions cannot be circumvented when drafting the community rules. These "indispensable regulations" of the community rules serve to ensure the proper management of the residential complex.
For example, no owner can demand the dissolution of the homeowners' association unless the building is significantly damaged and does not need to be rebuilt (Section 11 (1) WEG). Similarly, the appointment of an administrator may not be excluded and the administrator's powers may not be excessively restricted (section 20 (2) WEG).
The community regulations therefore represent a balanced set of rules that takes into account the interests of all parties involved while respecting the legal framework.
Content and significance of the community regulations
The community rules for condominium owners' associations regulate the use of common and individual property as well as the relationships between the condominium owners.
Key aspects of the Community Regulations
- Adaptation to the WEG: Each community regulation is individually tailored to the needs of the respective community of owners.
- Specification of the WEG: The community regulations specify the provisions of sections 2 and 3 of the Condominium Act, which deal with the community of owners and administration.
Typical regulatory areas of the community regulations
- Voting modalities: Determination of voting rights at owners' meetings, e.g. according to the head principle or ownership shares.
- Animal husbandry: Provisions on the permission or prohibition of certain pets.
- Noise protection: regulations on quiet times and music.
- Commercial use: requirements for professional activities in the home.
- Management structure: Establishment of a management advisory board to support the administrator.
- Transfer of ownership: Consent requirements for the sale of apartments.
- Maintenance: procedures and financing of repairs and renovations.
- Sanctions: Conditions for the possible withdrawal of home ownership.
Who draws up the community regulations?
The community regulations can be drawn up in various ways, depending on the specific situation of the property.
By the property owners
- In the case of new construction projects or conversions, the original owner(s) can define the community rules together with the declaration of division.
- The property developer often takes on this task for newly built residential complexes.
By the apartment owners
- If the declaration of division already exists, the condominium owners can jointly draw up community regulations or amend existing ones.
- This requires the unanimous, notarized consent of all condominium owners.
Important aspects when drawing up the community regulations
- Unanimity: The consent of all owners is required both for the initial determination and for subsequent changes.
- Consent of lenders: If apartments are not yet fully paid off, the consent of the financing banks must also be obtained.
- Formal requirements: Once all the necessary approvals have been obtained, the official registration and filing of the community regulations with the relevant land registry office takes place.
The creation of community regulations is therefore a carefully coordinated process that takes into account the interests of all parties involved and is legally protected.
The change to Ralph is uncomplicated.
Make changes to the community rules: How can this be done?
The community rules are binding for all condominium owners, which is why amendments are subject to certain regulations. Due to their binding nature for all owners, the hurdles for an amendment are quite high. The following steps and requirements must be met in order to amend the community rules:
Steps required to amend the community regulations
- Obtaining consensus: The consent of all owners is required. In addition, potential lenders must give their consent.
- Notarization: Any consent requires notarization to ensure its legal validity.
- Land Registry: A detailed application for approval and registration must be submitted to the Land Registry, accompanied by the notarized consents.
- Clarity and wording: Precision is required here. All modified resolutions must be unambiguous and clearly formulated. Be careful with unclear wording! Inaccurately defined resolutions could be declared null and void.
What does the opening clause of the community regulations say?
Normally, the following applies in a condominium owners' association: what has been decided once can only be changed by a new resolution of the owners. In order to be more flexible, there is the so-called opening clause.
This clause allows certain provisions of the community rules to be amended by a simple majority resolution instead of a unanimous resolution of all owners. This means that new regulations can be introduced or existing ones adapted at a later date, even if they deviate from the legal requirements.
Subsequent introduction of an opening clause
If the original community rules do not contain an opening clause, this can be introduced retrospectively by a unanimous resolution of all owners and entered in the land register. Without entry in the land register, the clause is ineffective vis-à-vis new owners.
Important: The opening clause must be formulated clearly and unambiguously.
Effect on new owners
If someone acquires an apartment in a WEG (e.g. by purchase or forced sale), the regulations made by majority resolution on the basis of an opening clause also apply to the new owner(s).
This is possible because the buyer can inspect the community rules and the collection of resolutions before the purchase and thus obtain information about the existing regulations. The legal basis for this can be found in Section 10 (4) WEG.
Declaration of division vs. community regulations: What is the difference?
The declaration of division, enshrined in Section 8 WEG, is a document for the division of a property into several ownership shares. It is used in particular when an apartment building is subdivided into separate apartments. Its main purpose is to provide a precise description of the individual residential units as well as comprehensive building plans. It is important to clearly assign specific rooms to the respective apartment owners.
In contrast, the community rules are an optional instrument that is not explicitly regulated in the German Condominium Act (WEG). They can be understood as a kind of "house rules plus" that regulate the coexistence and relationship between the condominium owners. While the declaration of division is legally binding, the community rules are based on voluntary agreements between the parties.
A key difference lies in the legal effect: the declaration of division establishes residential property, whereas the community rules do not. In addition, the existence of a declaration of division is a prerequisite for community rules - without the basic division of property, there would be no subject matter for the community rules.
In summary, it can be said that the declaration of partition creates the legal framework for shared residential property, while the community rules provide optional regulations for the owners to live together.
Community regulations: Recommendation for prospective buyers
Potential buyers should check the community regulations carefully before purchasing to ensure that they are compatible with their personal ideas and circumstances.
Do you already know Ralph?
Are you looking for a property management company that is characterized by in-depth knowledge of the community rules and their consistent enforcement? Switching to Ralph means that your property is in competent hands. We attach great importance to compliance with the community rules and ensure harmonious coexistence in your residential complex.
Simply send us a message to let us know that you are interested in a change and we will contact you immediately to discuss all the details.
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