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As a condominium owner, am I allowed to replace, renew or paint my windows just like that? And who pays for it? We give you clear answers to the most important questions about windows in condominiums and the Condominium Act.
Special property or common property? What do your windows belong to?
"Windows are mine!" Many condominium owners assume that they can make significant changes to their windows without the consent of the condominium owners' association - be it to maintain the windows, to modernize them or to install window sills. The assumption that windows belong to separate property and that owners can make unauthorized decisions about windows is widespread.
However, the fact that windows can have elements of both separate property and common property changes the situation - and has practical implications for the rights and obligations of owners when it comes to new windows.
Frequent misunderstandings in WEG practice
Special or common property? The allocation of ownership of condominium windows repeatedly raises questions. A common misunderstanding is that owners mistakenly believe that they can dispose of and decide on their windows without restriction.
It is often overlooked that most changes to the main window parts require a decision by all owners. The assumption that each owner is responsible for painting their own windows is also often wrong.
Are there frequent misunderstandings, mistakes or even problems with troublemakers in your condominium? We at Ralph are a modern management company from Berlin that is familiar with the small and large challenges in condominiums. Our experts have more than 15 years of experience.
The legal basis for new windows: the WEG law
As key components of a building, windows play an important role for every homeowners' association. However, the ownership structure is not always apparent at first glance.
However, the WEG law provides clarity here: it generally assigns windows to common property. This applies in particular to the exterior windows of an apartment, which are mandatory common property according to Section 5 (2) WEG.
Trend-setting case law
A landmark ruling by the Federal Court of Justice (BGH) on June 14, 2019 underpinned this legal requirement. It clarified that agreements that declare windows to be separate property are not legally tenable. Even if deviating regulations were stipulated in the declaration of division that define windows as separate property, these remain invalid. The windows retain their status as community property.
This legal situation underlines how important it is for you as an owner and potential buyer of condominiums to familiarize yourself with the ownership structure in a condominium. This is the only way you can make the right decision for your new windows with certainty and avoid possible misunderstandings or even conflicts.
Important nuances when differentiating between separate property and common property
The question of who owns the windows in a condominium is more complex than one might initially assume. Although the Condominium Act generally assigns windows to common property, there are important nuances to consider.
The effects
Surprisingly, therefore, certain components of a window may well belong to separate property. To fully understand the legal situation, we need to take a closer look at the individual components of a window. This is because the differentiation between separate and common property in the case of windows has a direct impact on Maintenance obligations, the distribution of costs and decision-making powers in the event of alterations and replacement.
Which window parts belong to the common property?
Let's take a brief look at the structure and components of windows in condominiums. The most important components of windows belong to the common property. These are
- Window frames: First and foremost, the window frames are part of the common property. These form the basic structure of the window and are largely responsible for its stability and functionality. Due to their important role - not only for the apartment, but above all for the entire building - they fall within the scope of common property and are therefore subject to the collective responsibility of all apartment owners with regard to changes, replacement and maintenance.
- Glazing: The glass panes, including the glazing in the case of double or multiple glazing, are also counted as community property. These elements are not only important for the incidence of light, but also make a decisive contribution to thermal insulation and thus to the energy efficiency of the entire building of the condominium.
- External window sills: The external window sills should not be forgotten. They not only fulfill an aesthetic function by shaping the appearance of the façade, but also serve the practical purpose of protecting against water ingress. They are not part of the separate property either, but of the common property.
- Other components that belong to the common property: Shutters, external window sills, external blinds, roller shutters, awnings
Which window parts count as separate property?
Compared to the common property, the components belonging to the separate property are smaller:
- Painting the inside of windows: The ownership structure for painting the inside of windows is clear: this is part of the separate property. The responsibility and also the costs for painting lie with the respective special owner.
- Internal window frames and window handles: The interior window frames and window handles also count as separate property. These components can be selected, designed or replaced by the owners according to their personal preferences.
- Inner window sills: The inner window sills are also part of the condominium property. The condominium owner is free to decide on their design and maintenance, as the inner window sills are for individual use only.
Good to know: What is the difference between special ownership and special right of use? The difference between special ownership and special right of use explained simply, with examples
Replacement, repair, maintenance: who bears the costs?
As you now know, windows are the collective responsibility of your condominium owners' association. Therefore, the costs for the maintenance of windows in a condominium are generally borne proportionally by all owners. The exact distribution depends on the individual co-ownership shares and is specified in the declaration of division or by resolution of the owners' meeting.
However, it should be noted:
- Special agreements may occur: In some cases, individual agreements may transfer the costs to individual owners.
- A common misconception: It is often assumed that individual condominium owners are responsible for the costs of maintenance unless the declaration of division stipulates otherwise.
The basic rule remains: unless there are special regulations, all owners jointly bear the costs of maintaining the windows as part of the common property.
Apartment owner acts on his/her own authority: Is a refund possible?
A condominium owner who replaces the windows in his/her apartment at his/her own expense is generally not entitled to subsequent reimbursement of these costs by the condominium owners' association. Anyone who acts on their own authority without a corresponding resolution bears the costs themselves. This was decided by the Federal Court of Justice (BGH) in a ruling.
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Resolutions for window projects in the WEG
As an individual condominium owner, you are not authorized to decide independently on the repair, renovation or replacement of windows. These matters are the responsibility of the entire condominium owners' association and require a joint resolution.
However, new WEG law brings simplified voting rules
The 2020 WEG reform has made the decision-making process considerably easier:
- Structural changes, including the installation of new windows, can now be decided by a simple majority.
- The previous requirement for the unanimous consent of all owners no longer applies.
The advantages of the new regulation for owners
These innovations are aimed at optimizing the building maintenance process while at the same time safeguarding the interests of the homeowners' association.
- Accelerated decision-making at the owners' meeting.
- Increased flexibility in the implementation of maintenance measures.
- Potential improvement of the windows and the building in general by carrying out necessary work promptly.
Special regulations for window maintenance: what is possible?
The new Condominium Act allows you to be a little more flexible in the distribution of costs for window maintenance and replacement:
- New options since the 2020 WEG reform: The owners' meeting can decide with a simple majority that only the owners of the affected apartments bear the costs for their windows.
- Options in the community rules: It can be stipulated in the community rules that each condominium owner bears the costs for their own exterior windows.
Many owners fail to check the declaration of division or community rules for specific regulations on the costs of external windows. This can lead to misunderstandings and conflicts. It is therefore worth taking a close look at the community agreements, as they may deviate from the standard statutory regulations and thus influence the individual cost burden.
New WEG law: What else has changed?
It is now more relevant than ever that you are well versed in the German Condominium Act. The comprehensive WEG reform of 2020 brought with it numerous changes that you as an owner should be aware of:
Other significant innovations
- Quorum: Owners' meetings now always have a quorum, regardless of how many owners attend.
- Structural alterations: Facilitated process for maintenance and conversion measures.
- Cost allocation: New options for more flexible cost allocation.
- Restrictions on use: Extended possibilities with regard to the common property.
- Relationship structures: Simplified cooperation between owners, condominium owners and management.
The reform offers more room for maneuver, but also requires increased attention and involvement of all owners in order to protect the interests of your condominium.
You can find more information in this article: The WEG law simply explained
Do you already know Ralph?
The Condominium Act is more or less the heart of your homeowners' association. However, its provisions are often complex and multi-layered. At Ralph, we help you to understand condominium law and apply it successfully in your condominium owners' association.
Whether it's interpreting individual regulations, adapting to changes in the law or enforcing resolutions - we are at your side with our expertise. Put your trust in our experience and switch to Ralph now!
