Troublemakers in a community of owners: how to solve WEG problems properly

Even in supposedly harmonious condominium owners' associations, things can get pretty rowdy from time to time. Particularly troublemakers who are not sparing with criticism and like to hold the reins can put a lot of strain on the cohesion of a community. Constant new discussions, exhaustive owners' meetings and a high level of wear and tear on administrators are often the result. In this article, you will learn how to deal with such difficult owners and what legal options are available to you.

What is a troublemaker?

Troublemaker, nag, black sheep, troublemaker. There are various terms for a person who almost systematically stirs up conflict in the COA. A troublemaker often likes to challenge decisions made by the COA and makes the work of the community more difficult by constantly questioning resolutions and submitting (often unnecessary) motions. This behavior often leads to delays in important decisions and can put a considerable strain on peaceful coexistence in a community.

Typical characteristics of a troublemaker:

• Tendency to frequent and unfounded conflicts
• Obstruction of joint decision-making processes of the WEG
• Regular challenge of resolutions without good cause
• Tendency towards numerous, often unconstructive complaints and applications

Particularly in the case of urgently needed repairs, refurbishment and maintenance measures relating to the condominium complex, querulous tenants can obstruct condominium decisions to such an extent that the value of the property is jeopardized. Ultimately, troublemakers are also simply expensive and cost not only time and nerves, but also a lot of money by obstructing resolutions.

Troublemaker vs. co-owners

The Federal Court of Justice has made it clear: The behavior of troublemakers undermines the basis of communal coexistence. The result: constant disputes, more difficult decision-making and a restless, inharmonious community. In order to guarantee the proper management of the common property and ensure coexistence, the community of owners must take action. Even if patience and communication are often the first step towards resolving conflicts in the homeowners' association, legal action is unfortunately unavoidable in some cases.

Communication is the be-all and end-all

Keep calm and seek a conversation - this is the first step on the path to conflict resolution. Open and honest communication often leads to misunderstandings being cleared up and common ground being found.

The key to conflict resolution often lies in investigating the causes. Before you take action, it's important to understand the reasons for the troublemaking. Does the co-owner feel disadvantaged, misunderstood or not heard? Often the roots of the problem lie in past decisions or a different understanding of the community rules.

A thorough analysis of the situation could help. By trying to understand the perspective of the complainant and taking their concerns seriously, it may be possible to reach an amicable solution.

Legal steps

If talks and negotiations fail, your condominium has no choice but to take legal action. Conflicts with owners who burden the community for personal reasons are particularly challenging. Whether due to bullying, mental illness or simply an irreconcilable character - such situations often require professional help.

First of all, professional support from mediators or arbitrators could help to find an amicable solution and ease the burden on the community. Working with neutral persons has the advantage that it is usually quicker and cheaper than legal action and puts less strain on relationships within the condominium. If this is not possible or does not lead to an improvement, legal action must be considered. Warnings and legal action may be necessary in such cases.

The warning letter: when a warning letter makes sense

A warning serves as a formal warning and is often the first step on the way to legal consequences. It should be issued if the behavior of co-owners significantly disrupts the community and threatens further escalation. Such a step requires a resolution by the owners' meeting and a precise formulation of the objectionable behavior.

Our tip: An effective warning must be specific and clearly formulated. It should precisely describe the objectionable conduct and make it clear to the person concerned what the consequences will be if it continues.

• Prerequisites: State the requirements for an effective warning (e.g. resolution of your community of owners, specific description of the misconduct).
• Content: Give examples of the content of a warning letter (e.g. description of the facts, legal basis, request to cease and desist, setting a deadline).
• Consequences: Explain the possible consequences of an unfounded warning or failure to comply with the warning.

The next step is the property seizure procedure

The initiation of property seizure proceedings requires a prior, effective warning. Therefore, before a condominium owners' association initiates property seizure proceedings against a disruptive co-owner, an effective warning is essential. This should always be issued by a resolution of the condominium owners' association. This is the only way to ensure that the warning has the necessary significance to serve as a preliminary stage for the property seizure proceedings.

Exceptions to the resolution requirement only exist in the case of particularly serious violations such as the use of violence, considerable damage to property or serious insults. In these cases, a warning may be dispensed with.

Property seizure: When all other means fail

According to Section 17 (1) of the Condominium Act, an owner can be expelled from the condominium if he or she makes peaceful coexistence impossible through serious breaches of his or her duties. Have warnings, lawsuits and other measures been unsuccessful? Then the only remaining option is to seize the property.

The WEG law states this: If a condominium owner seriously violates his or her duties towards the other owners, the community can oblige him or her to sell the condominium if the continuation of the community is unreasonable.

Important: The withdrawal of condominium ownership represents a serious encroachment on the right of ownership and therefore requires comprehensive justification by the WEG. The fact that a co-owner frequently votes against resolutions is not in itself a sufficient reason to take this legal step. Serious breaches of duty must be present here.

Examples of serious breaches of duty

Pursuant to Section 17 (2) WEG, a serious breach of duty exists if a condominium owner repeatedly and grossly violates the duties incumbent upon them, such as the non-payment of common costs, despite a warning. Continuous, albeit not complete, fulfillment of payment obligations can also justify revocation of condominium ownership under certain circumstances, provided that the proper administration of the community is permanently disrupted as a result. This was clarified by the Federal Court of Justice in a BGH ruling dated 19.01.2007 (case no. V ZR 26/06).

In addition, the following actions are regarded as serious breaches of duty that may justify revocation of the condominium:

• Physical assaults or insults towards other owners or the management
• persistent and abusive obstruction of administrative activities
• Repeated damage to property or soiling
• an unreasonable disturbance of the community caused by a Messie syndrome

The decision to seize property

The basis for a property seizure action is a resolution of the community of owners, which must be passed by a simple majority. This resolution gives the go-ahead for legal proceedings, the aim of which is to sell the property in question. A legally binding judgment also enables compulsory enforcement, including a possible forced sale.

Forced sale after seizure of property: When unreasonableness leads to an auction

Homeowners who grossly neglect their duties risk not only losing their ownership rights, but also having their property foreclosed on. Reasons for this may include

• Breach of the obligation to repair and maintain separate property
• Significant impairment of other co-owners through noise or dirt
• Crimes within the home and the use of residential property as a brothel

Late payment of housing benefits: When is there a risk of losing your property?

If a homeowner is more than three months in arrears with their housing payments, they may be deprived of their property under certain conditions. The decisive factor here is that the amount of the outstanding debts must exceed a certain percentage of the assessed value of the apartment. The assessed value is determined by the tax office at the request of the community of owners.

Alternatives to foreclosure

Foreclosure is not the only way for a community of owners to take action against unwilling co-owners. Alternatively, the community can order the defaulting owner(s) to pay in court and then pursue enforcement proceedings.

There are various ways and options available:

• Attachment of movable assets
• Entry of a compulsory mortgage in the land register
• for rented apartments: Order for forced administration.

Which of these measures makes the most sense depends on the specific situation and the objectives of the COA.

Foreclosure: a high-risk instrument

The forced sale of condominiums is an instrument that needs to be carefully considered. Foreclosure involves a complex procedure that is associated with considerable risks. Particularly in the case of highly indebted properties, the probability that the proceeds will fully cover the creditors is low.

In this case, your condominium would be faced with a difficult dilemma: on the one hand, an insolvent co-owner is a burden on the condominium, while on the other, foreclosure poses its own risks. The chances of a quick sale of the apartment in a forced sale are extremely low due to high existing land charges. Many interested parties often shy away from this additional financial burden.

Before considering foreclosure, you should therefore exhaust all mitigating measures, such as seizures or receivership.

Conclusion: Dealing with querulous persons in the community of owners

Dealing with troublemakers in a condominium is often challenging and requires individual solutions. As an affected owner, you should be aware that dealing with troublemakers can be a major emotional burden and seek professional support if necessary.

It is important to act at an early stage to prevent the situation from escalating. The goal of ensuring peaceful coexistence in the community should always be kept in mind. Although an amicable solution is desirable, it is not always realistic. You should weigh up legal steps carefully and only consider them in the event of really serious violations.

Do you already know Ralph?

We are more than just a service provider for your condominium. We are your partner in challenging situations. Do you repeatedly have to deal with the challenges of troublemakers in the community of owners? We know how to deal with them.

With our experience and expertise, we support you in conflict resolution and ensure harmonious cooperation. From drafting resolutions to communicating with difficult owners - we are at your side. Put your trust in our expertise and switch your property management to Ralph now.