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In a shared apartment building where different lifestyles come together, harmonious coexistence is the be-all and end-all. But how can this be achieved when different ideas and needs clash? The answer lies in clear and fair house rules.
In this article, you as the owner or landlord will find out which aspects play a role in drawing up house rules, which legal framework conditions need to be observed and how you can ensure that the house rules are accepted and adhered to by all residents.
The importance of house rules for the WEG
The house rules are mandatory for a condominium and play one of the most important roles in ensuring orderly coexistence in the condominium and the interaction between tenants. The house rules are part of the tenancy agreement and serve to create a pleasant living environment, maintain respectful coexistence and minimize or avoid potential conflicts with others.
They contain regulations, specifications and rules of conduct to which the tenants must adhere. As the house rules are part of the tenancy agreement, they are part of the tenant's obligations once the agreement has been signed.
Rest periods, house cleaning, house security, pets, waste disposal, barbecues, tidiness in the stairwell, use of communal property - the house rules may stipulate all these aspects of living together and other points with corresponding regulations.
The contractual house rules and the general house rules: the difference
Property management companies essentially distinguish between two types of house rules: contractual house rules and general house rules.
The contractual house rules are part of the tenancy agreement and are attached as an annex to the tenancy agreement. The house rules are therefore legally binding for tenants and must be observed.
The general house rules can only be displayed in the hallway as a notice or handed to the tenants at a later date. The points in these house rules are to be regarded more as regulatory provisions that can be read "on the fly" in the hallway or stairwell. They can specify and explain the provisions and regulations of the contractual house rules, but do not extend the contractual rights and obligations of the tenants.
Drawing up the house rules: who is responsible?
The WEG Act does not prescribe any clear rules as to who should draw up the house rules. Section 19 (2) no. 1 WEG merely mentions that house rules are part of proper WEG management and use. So while the WEG Act itself does not contain any specific regulations on the creation of house rules, there are various common methods for defining them and making them binding for tenants.
By majority resolution at the owners' meeting
As the owners' meeting is the central body of the condominium, the house rules are usually determined by a majority resolution of the owners at the meeting. This resolution can include both the initial creation and subsequent amendments or additions to the house rules.
By commissioning the property management
Another option is to commission the property management company to draw up house rules. The property management company then prepares a draft, which must then be approved by the owners at a meeting.
By agreement between the owners
In rarer cases, the house rules can also be established by an agreement between the condominium owners. However, this option is less common as it requires the consent of all owners and raises the question of whether any changes can be made later by majority vote or whether the house rules have the character of a statute.
As integration in the declaration of division
Another option is to integrate the house rules into the declaration of division. The declaration of division is a fundamental document that regulates the division of the common property into separate property units. By including the house rules in the declaration of division, they take on a special significance and cannot easily be changed by a majority resolution.
The content of the house rules: these regulations and specifications are included
There are no prescribed regulations and points for the house rules. The content can vary depending on the specific circumstances and needs of the condominium. However, the following rules are typically included in the house rules and made part of the tenancy agreement.
Rest periods and noise avoidance
The house rules set out rules for quiet hours in the apartment building, which may go beyond the statutory provisions for quiet hours. During quiet hours, all activities in the building that could lead to excessive noise pollution must be avoided. This includes, for example, parties, playing music or renovation work that could disturb the peace and quiet of other tenants at night or midday.
Most house rules are based on the statutory rest periods, which can vary from state to state. As a rule, the following rest periods apply in the house rules:
- Lunch break: 13:00 to 15:00
- Night rest: 10:00 p.m. to 7:00 a.m.
On Sundays, there is a generally increased need for quiet in apartment buildings. The house rules should be able to prohibit loud activities on this day.
Music
The house rules can contain specific regulations on listening to music, as loud music is one of the most common causes of disputes between tenants. While listening to music in your own home is generally permitted, the question often arises as to where the limits lie in terms of volume. An acceptable room volume of 40dB during the day and 30dB during quiet hours could be included in the house rules.
Security measures
The house rules can also contain regulations on proper locking of the front door to prevent unauthorized access to the apartment building. They also regulate the storage of items in the communal areas in order to keep escape routes in the building and stairwells clear and not to endanger the safety of the residents.
It is generally not permitted to leave bicycles in the hallway. They belong in the cellar or in the rented apartment.
Cleaning the building
To ensure cleanliness and order in the building, the house rules can include a cleaning plan that regulates the responsibilities for cleaning the stairwell or the building. Alternatively, the condominium can decide to hire a professional cleaning company for the apartment building.
Waste and waste disposal
The house rules may also contain detailed regulations on waste disposal, including the handling of household and bulky waste. They often prohibit the depositing of waste in front of the apartment door and front door and call for proper waste separation.
Smoking behavior
The house rules may contain provisions on smoking in communal areas, including the designation of smoking areas.
Use of common rooms
The house rules also regulate the use of common areas such as the laundry room or drying room. They can specify times of use to guarantee that all owners or tenants have equal rights to use the common areas.
Crickets
The house rules may also contain regulations on barbecuing on balconies, terraces or in the garden. The house rules may stipulate which barbecuing methods are permitted, at what times barbecuing is allowed and which distance rules must be observed from other residential units.
Winter service
The house rules also regulate the responsibilities for winter maintenance, i.e. clearing snow and ice from sidewalks. They can specify which owner is responsible for clearing the pavement and when. In principle, each owner is responsible for clearing the sidewalk in front of his or her property.
The change to Ralph is uncomplicated.
Sample house rules: Download our template
Do you need sample house rules? Here you will find our free templates that can make it easier for you to create your individual house rules.
(1) Sample house rules for tenant-landlords: We recommend this template for a house in which a landlord wants to keep several tenants in order.
Download now
(2) Sample house rules for owners: Use this template for properties in which several apartment owners live together and only a small part is rented out. These house rules must be adopted in the necessary ETV resolution with the condition that all owners undertake to pass these house rules on to their tenants and oblige them to comply with them.
The limits of the house rules: What the house rules may not stipulate
Although the house rules aim to promote harmonious coexistence in the apartment building, there are certain restrictions that are not permitted. The house rules may not prescribe the following regulations:
- General ban on pets
- Blanket ban on parking baby carriages in the hallway (except in the event of a breach of fire safety regulations)
- Ban on using the elevator during the night
- Ban on showering or bathing after 10 p.m.
- Prohibition of visits to the house
- Ban on overnight stays by guests
- Specifications for the room temperature in the tenant's apartment
- Restrictions on balcony design
- Ban on hanging laundry on your own balcony or in the rented apartment
- Prohibition of noise from children
- A ban on listening to music at room volume
This list shows that the house rules can set out rules for good coexistence, but must not interfere excessively with the personal rights and private lives of tenants.
When house rules are valid: Please note this
The location of the house rules is decisive for their validity and depends on the composition of the residents - i.e. whether the owners or tenants also live in the building.
For tenants, the house rules must be part of the tenancy agreement to make them binding. This can be done in two ways: either as an annex to the tenancy agreement or directly integrated as part of the tenancy agreement.
In order to make the house rules binding for all owners, the house rules are adopted at the owners' meeting. To ensure their validity, it is important that they are included in the collection of resolutions.
House rules that are only displayed in the hallway are considered general house rules and are not binding for tenants.
Uniform house rules for all owners and tenants
There is only one set of house rules that applies equally to all residents - i.e. both owners and tenants. There are no separate house rules with different rules for these two groups.
Nevertheless, there are certain special features for landlords: They can stipulate additional or deviating provisions in the rental agreement. In the event of conflicts with the house rules, the owner is responsible to the community.
Landlords may also reserve the right to transfer changes to the house rules to the tenancy agreement. This allows you to adapt flexibly to new, changing needs of the community of owners.
Compliance with the house rules: who is responsible?
The property management of the condominium is responsible for compliance with the house rules. Residents can contact the management at any time if they observe that an owner or tenant is violating the house rules. The property manager is also obliged to accept written complaints about a breach of the house rules.
The consequences of violating the house rules
The consequences for breaches of the house rules differ depending on whether you are the owner or a tenant.
The role of property management
The property management company is primarily responsible for enforcing the house rules, but does not automatically have the right to take legal action. It can only be authorized to take legal action against a violation by resolution of the owners' meeting.
First seek a conversation
First of all, we recommend that in the event of violations, discussions are held to resolve conflicts amicably. The aim should be to avoid future breaches of the rules and to maintain peace in the apartment building.
In the event of persistent or serious violations, the owners' association may consider taking legal action.
Legal steps
Legal action should be seen as a last resort, as it puts a strain on the community climate. These would have to be decided at the owners' meeting.
If a tenant repeatedly violates the house rules, you as the landlord can take various measures. Firstly, you can send the tenant a written warning in which you ask the tenant to change their behavior or reverse the breach of the rules. This may occur, for example, if objects are to be removed from the stairwell. Also set the tenant a reasonable deadline to rectify the problems complained about.
If the tenant does not comply with your request or continues to violate the house rules, you may be able to terminate the tenancy agreement. This is particularly the case if other tenants are impaired in their contractual use of the apartment by the behavior of the person in question.
However, termination without notice due to breaches of the house rules is generally difficult to enforce. This was confirmed by the Wiesbaden District Court in a ruling in which it decided that neglecting to clean the stairwell is not sufficient grounds for termination without notice.
Continue reading: Troublemakers in a community of owners: how to solve WEG problems properly
House rules and community rules: two different sets of rules
Although the terms "house rules" and "community rules" sound similar, they have different functions and areas of application in a condominium.
As already mentioned, the house rules regulate the rules of conduct and corresponding obligations of the residents and aim to ensure harmonious coexistence. They apply to all residents, including tenants and owners. Pursuant to Section 19 (2) WEG, drawing up house rules is one of the duties of a WEG and must be part of the tenancy agreement.
The community rules in turn define the rights and obligations of the owners among themselves. They only affect the owners, not the tenants. Furthermore, the community rules are optional and not mandatory.
