Joint Ownership

Common property refers, under the German Condominium Act (WEG), to all parts of the building, facilities, and installations that are not the separate property of individual unit owners and cannot be classified as separate property-including the structural framework, roof, facade, stairwell, heating system, and the land itself (Section 1(5) WEG). It belongs to all owners in the community in proportion to their co-ownership shares and is managed jointly. Management decisions regarding common property are made by the owners’ meeting through a resolution.

Distinction from Individual Ownership

Individual ownership encompasses the rooms within an apartment and their non-structural components (floor coverings, interior doors, non-load-bearing partition walls). As soon as a structural component is necessary for the building or for the supply of other units-such as windows, balconies, or pipes-it is common property, even if it is located within the apartment. This distinction is frequently a point of contention in practice and was clarified in part by the 2020 WEG reform.

Important practical examples of demarcation:

• Windows: The panes and the frame as a whole are common property; only the interior side may be classified as individual property according to the declaration of division.
• Balcony: The floor slab, railing, and waterproofing are common property; the flooring and interior walls may be individual property.
• Apartment entrance door: The door itself, in terms of its exterior design, is common property; the interior finish and the lock are often separate property.
• Heating pipes: Supply pipes that serve multiple units are common property; heating pipes that serve only one unit may be separate property.

Maintenance and Cost Allocation

The costs for the maintenance and repair of the common property are borne jointly by the community of apartment owners. They are financed through the monthly maintenance fee and the maintenance reserve (now: preservation reserve). Since the 2020 WEG reform, the community can decide on structural changes to the common property by a simple majority-e.g., balcony power plants, charging infrastructure, or accessibility measures.

For urgent maintenance measures, the WEG administrator may act without a resolution from the owners’ meeting if there is an imminent threat of damage (Section 27(1) WEG). In such cases, however, they must inform the owners immediately and submit the measure for a vote at the next meeting.

The maintenance reserve as a safety buffer

A sufficiently funded maintenance reserve is the most important financial tool for avoiding costly special assessments. As a guideline, the reserve should amount to at least 8 to 15 euros per square meter of living space per year, depending on the age and condition of the building. Older buildings with foreseeable renovation needs (roof, heating, facade) should aim for significantly higher reserves.

Anyone buying a condominium should check the following before purchasing: How much is the current maintenance reserve? Are there any resolutions regarding upcoming renovation measures? Is a special assessment imminent? This information is contained in the collection of resolutions and in the most recent annual statements.

Liability and Insurance

The condominium owners’ association is generally liable as an association for damage to common property (§ 9a WEG, as amended). The building insurance is taken out by the property manager for the entire common property. Individual owners may be held personally liable in the event of a culpable breach of their duties (e.g., failure to report water damage).

Practical Tip for Owners in Nuremberg and Franconia

In Nuremberg and the metropolitan region, there are many older residential complexes dating from the 1960s to the 1980s that require significant renovation of common property-facades, heating systems, and elevators. We recommend that condominium owners regularly attend owners’ meetings and push for a sufficiently funded maintenance reserve to avoid costly special assessments.

When purchasing a condominium, the amount of the reserve fund and the minutes of the last owners’ meeting should always be reviewed. We routinely provide these documents to our buyers prior to the purchase offer and explain potential risks-such as if an expensive roof renovation was approved at the last owners’ meeting, which the new owner must help finance.

Frequently Asked Questions

Who decides on repairs to common property?

The owners’ meeting decides by resolution. The property manager is authorized to initiate urgent measures to prevent damage even without a resolution and must subsequently inform the owners.

May I make unauthorized changes to my apartment door or mailbox?

Apartment entrance doors and mailboxes are considered common property. Unauthorized changes generally require a resolution by the community or the consent of all affected owners.

Can an individual owner hold the community liable for damage to common property?

Yes, if the community has culpably breached its maintenance obligations. As a rule, this requires that the owner has previously reported the damage in the proper manner and the community has failed to act.

What happens if an owner makes unauthorized changes to parts of the common property?

The community can demand that the owner restore the property to its original condition-at their own expense. In the case of significant alterations (e.g., removal of load-bearing walls, changes to the facade), the community may also claim damages. Such disputes often end up in small claims court-a good reason to obtain resolutions in advance.

Modernization Resolutions and Cost Allocation

Since the 2020 WEG reform, structural changes to the common property can be decided by a simple majority-such as the installation of charging infrastructure for electric vehicles, fiber-optic connections, or solar panels on the roof. Anyone who did not approve a measure is not initially required to contribute to the ongoing costs, but also does not receive any benefit from the measure’s use (Section 21 WEG, as amended). For a new owner purchasing an apartment, the following applies: They assume the community’s existing resolutions-including modernization measures already approved and the associated cost-sharing obligations. These potential payment obligations should be reviewed in the collection of resolutions before the purchase.

Especially in Nuremberg residential complexes from the 1960s and 1970s, energy-efficiency renovations of common property are often pending: facade insulation, replacement of heating systems, and roof renovations. Such measures can trigger special assessments of several thousand euros per residential unit. We recommend that buyers have not only the current reserves but also the structural condition of the common property assessed by an independent expert before purchasing-an investment of 300 to 600 euros for a technical inspection can prevent significant unexpected costs later on.

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