Ownership share

Ownership Share - The ownership share (also known as the co-ownership share or MEA) refers to the mathematical fraction of the common property owned by a condominium association (WEG). Each condominium owner holds a specific share of the common property (land, roof, facade, stairwell, load-bearing walls), which is specified in the declaration of division as a fraction (e.g., 85/1000). The co-ownership share determines voting rights, cost allocation, and financial responsibility within the WEG.

Calculation and Determination

The co-ownership share is determined when the building is divided in the Declaration of Division (§ 8 WEG) and entered in the land register. The calculation is generally based on the living area:

Example:

• Total living area of the building: 800 m²
• Apartment A: 80 m² → MEA = 80/800 = 100/1000
• Apartment B: 55 m² → MEA = 55/800 = 69/1000

Alternatively, the MEA can be calculated based on cubic volume (enclosed space) or usable area. The method is determined by the owner initiating the division and can only be changed subsequently with the consent of all owners.

Significance of the Co-ownership Share

The MEA is a key factor in WEG law:

• Cost allocation: Unless the declaration of division provides otherwise, the costs of maintaining the common property, administration, and insurance are allocated according to co-ownership shares (Section 16(2) WEG)
• Voting rights: At the owners’ meeting, each owner generally votes according to the one-vote-per-unit principle (one vote per unit)-however, for certain resolutions, the declaration of division may provide for voting rights based on the MEA
• Sale: The MEA is inseparably linked to the individual unit-the apartment and the co-ownership share can only be sold together
• Valuation: The MEA influences the proportional land value and thus the real estate transfer tax, property tax, and market value

MEA and its Functions under WEG Law - Overview

Function	Provision	Legal Basis	Deviation Possible?
Cost allocation (maintenance fees)	Proportional based on MEA	§ 16(2) WEG	Yes - different allocation key by resolution (simple majority)
Voting rights (standard)	Per capita principle (1 unit = 1 vote)	§ 25(2) WEG	Yes - MEA voting rights via declaration of division
Special assessments	Proportional according to MEA	§ 16(2) WEG	Yes - deviation by resolution
Property value share	Proportional to MEA	§§ 1 ff. WEG	No - follows MEA
Transferability	Only together with separate ownership	§ 6 WEG	No - inseparably linked
Foreclosure share	Proportional to MEA	§ 10 ZVG	No

MEA and Cost Allocation in Practice

Cost allocation based on MEA can lead to unfairness if the MEA does not correspond to actual use. A classic example: A ground-floor apartment with a large garden area (right of exclusive use) has the same MEA as an attic apartment without a garden-both pay the same amount of maintenance fees, even though the utility value differs significantly. Since the 2020 WEG reform, the owners’ association can adopt a different allocation formula by a simple majority-for example, based on actual living space or consumption (e.g., for heating costs). This option is still underutilized in many existing buildings in Nuremberg, even though it would lead to fairer cost allocations.

Practical Tip for Owners in Nuremberg and Franconia

When purchasing a condominium in Nuremberg, you should carefully review your co-ownership share-because it determines your share of all common expenses. In older Nuremberg residential complexes (1960s-1980s), co-ownership shares are often calculated based on living space without taking into account private use areas (terraces, gardens) or special amenities (underground parking spaces). Review the declaration of division and compare the MEA with the actual living space and the utility value of your unit-discrepancies can have a significant long-term impact on your monthly costs. For major renovation projects (roof renovation, heating system replacement), a special assessment based on the MEA can quickly amount to €5,000-20,000 per unit-a factor that must be factored into the purchase price.

Frequently Asked Questions

Can the co-ownership share be changed retroactively?

Yes-but only with the consent of all apartment owners and through a notarized amendment to the declaration of division followed by an entry in the land register. In practice, therefore, a change is extremely difficult, as a single owner can block the change. Exception: If a unit is divided or combined (e.g., two small apartments are merged into one larger one), the MEA must be adjusted anyway-this also requires the consent of all parties and notarization.

Why do I pay more in maintenance fees than my neighbor even though our apartments are the same size?

The reason likely lies in differing co-ownership shares, which do not necessarily correspond exactly to the living area. The MEA may also include basements, parking spaces, or exclusive use rights, or it may have been calculated using a different method (cubic volume, utility value). Check the declaration of division: It specifies how the MEA was calculated and which distribution key applies to the maintenance fees. Since the 2020 WEG reform, the WEG can adopt a different allocation formula by a simple majority-such as the actual living area according to DIN 277 or the Living Area Ordinance.

Does the co-ownership share affect the selling price of my apartment?

Indirectly, yes-a high MEA means higher ongoing costs (maintenance fees), which tends to lower the selling price. On the other hand, a high MEA represents a larger share of the land value-in sought-after Nuremberg locations (Old Town, Erlenstegen, Maxfeld), this can increase value, as the land value carries significant weight in the overall appraisal. However, the selling price is primarily determined by the apartment’s location, condition, and amenities-the MEA plays a secondary but noteworthy role in the overall package.

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