Majority (voting rights under the Condominium Act)

Under the German Condominium Act (WEG), the condominium owners’ association decides on matters of common interest through resolutions passed at the owners’ meeting. The majority required for a resolution depends on the nature of the measure-the WEG provides for a simple majority, a qualified majority, and unanimity. Since the 2020 reform of the WEG, the majority requirements for structural alterations have been significantly relaxed.

Types of Majority Under the WEG

The simple majority (more than half of the votes cast) is the standard requirement for routine administrative measures such as resolutions on house rules, the election of the property manager, or the adoption of the budget plan. Abstentions do not count as “no” votes but are disregarded.

The double qualified majority (more than two-thirds of the votes cast and more than half of all co-ownership shares) has been required since 2020 for certain privileged structural changes, e.g., the installation of electric vehicle charging stations, fiber-optic connections, or barrier-free renovations. Unanimity-that is, the consent of all owners-is now rarely required, e.g., for amendments to the community bylaws or changes to co-ownership shares. The 2020 WEG reform has significantly reduced the unanimity requirements.

Voting Rights: Per-Unit Principle and Value Principle

Voting rights may be exercised according to the per-unit principle (each unit has one vote, regardless of size) or the value principle (votes based on co-ownership shares) as specified in the community bylaws. As a general rule under the law, the per-unit principle applies pursuant to § 25 WEG (new version). Many community bylaws deviate from this-especially in large complexes with units of vastly different sizes.

Owners should be familiar with their WEG’s community bylaws in order to correctly assess their influence in votes. In small communities with three to five units, a single owner can have considerable influence; in large complexes with twenty or more units, however, the voting power of a single owner is limited. Through targeted consolidation of voting rights (proxies), however, groups of owners can gain more influence.

Structural Changes and Cost Allocation Under the 2020 Condominium Act

An important change in the 2020 Condominium Act reform concerns structural changes: Anyone who proposes and implements a measure that is not approved as a community expense to be shared by all owners must bear the costs themselves. At the same time, other owners have the right to participate in the measure retroactively upon payment.

This creates interesting scenarios: An owner can have an electric charging station installed at their own expense (provided the community agrees) and does not then have to share it with everyone-unless others pay a share retroactively. Different rules apply to larger measures such as roof renovations or facade insulation: These must generally be borne by all owners if they are approved as part of proper management.

Challenging Resolutions

Resolutions passed unlawfully can be challenged at the competent local court within one month of the meeting. A resolution passed with an incorrect majority (e.g., simple majority instead of qualified majority) is contestable but not automatically void. Void resolutions, on the other hand (e.g., those contrary to mandatory law), can be challenged at any time and without a deadline.

Practical Tip for Owners in Nuremberg and Franconia

In Nuremberg condominium associations with many small units-such as in converted Wilhelminian-style buildings in the Südstadt or Gostenviertel neighborhoods-the “one-vote-per-unit” principle can lead to many small units dominating the voting outcome. If you are considering purchasing a condominium in such a complex, you should carefully read the community bylaws and the minutes of recent owners’ meetings. We can help you interpret the history of resolutions and identify potential conflicts early on.

Frequently Asked Questions

What is the difference between a simple majority and a qualified majority?

A simple majority counts only the “yes” votes cast against the “no” votes. A qualified majority sets additional minimum requirements-for example, that at least two-thirds of all votes and more than half of all MEA units must approve. Abstentions and absences are counted differently in this context.

What happens if a resolution is passed without the required quorum?

The WEG no longer requires an attendance quorum-since the 2020 reform, the meeting is always quorate, regardless of how many owners are present. The only requirement is the correct majority of votes cast.

Can an individual owner view the collection of resolutions?

Yes. Every condominium owner has the right to view the collection of resolutions (Section 24(7) WEG). It must be maintained by the property manager on an ongoing basis and provides information on all resolutions passed.

What happens if the property manager implements an invalid resolution?

If an unlawful resolution is implemented before it is challenged, the result is nevertheless enforceable. However, the plaintiff may claim damages if they have suffered harm as a result of the unlawful implementation. Therefore, in the case of obviously unlawful resolutions, an application for a preliminary injunction should be filed immediately with the local court.

Circular Resolutions and Digital Voting

Since the 2020 WEG reform, resolutions may also be passed via circular resolution-that is, without a physical owners’ meeting. However, this requires the consent of all owners to the resolution being passed via circular resolution (not to be confused with the content of the resolution). This makes circular resolutions practical only for uncontested, urgent matters. If a single owner refuses to consent to the circular procedure, an ordinary meeting must be convened. Digitally transmitted votes (via email) have been permitted since 2020, provided the property manager provides the necessary infrastructure and the authenticity of the vote is ensured.

What majority is required to remove the property manager?

The WEG property manager may be removed at any time by a simple majority of the votes cast (Section 26(3) WEG). However, the underlying management contract may contain notice periods or minimum terms. If the property manager was appointed for three years, the owners may dismiss him, but may still owe compensation until the end of the contract term-provided there is no good cause for the dismissal. We recommend carefully negotiating the contract term and termination provisions when appointing a property manager.

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