Minutes of the Meeting

Meeting Minutes - The meeting minutes (also known as the official record) are the formal written documentation of all resolutions, voting results, and key points of discussion from a homeowners’ association meeting in accordance with the Condominium Act (WEG). They are of central legal importance, as resolutions only become fully binding if they are properly recorded.

Legal Requirements and Content

According to § 24 (6) WEG, minutes must be taken of the resolutions passed at the meeting. The minutes must be signed by the chairperson of the meeting, a homeowner, and, if an administrative advisory board has been appointed, by a member of the administrative advisory board. If the required signatures are missing, the recorded resolutions are not automatically void, but they are contestable-which leads to unnecessary legal disputes in practice.

In terms of content, the meeting minutes must include at least the following items: place, date, and time of the meeting, the determination of a quorum (number of co-ownership shares present or represented), a list of all agenda items, the exact wording of the proposed resolutions, the voting results (yes votes, no votes, abstentions), as well as an indication of whether a resolution was passed by a simple majority, a qualified majority, or unanimously. For significant contributions to the discussion, it is advisable to also document the key arguments-especially for resolutions concerning cost-intensive measures or where owners signal opposition.

Since the 2020 WEG Reform, stricter requirements have been in effect: Resolutions regarding structural changes must clearly describe which measures will be carried out and how the costs will be allocated. An imprecise formulation such as “the facade will be renovated” is not sufficient-the minutes must specifically state the type, scope, and cost allocation.

Collection of Resolutions and Delimitation

The collection of resolutions pursuant to Section 24(7) WEG must be distinguished from the minutes. Every resolution passed must also be entered into the collection of resolutions, which is maintained by the property manager and is available for inspection by every owner and prospective buyer at any time. The collection of resolutions serves as a permanent reference work-it provides a quick overview of all current resolutions without having to review all the minutes from recent years.

Unlike the minutes, the resolution collection does not contain any discussions or voting details, but only the text of the resolution and the date. When purchasing a condominium, buyers should request both the minutes from the last three to five years and the current resolution collection-both documents complement each other and provide a complete picture of the community’s situation.

Importance for Prospective Buyers and Owners

For prospective buyers of a condominium, the meeting minutes from the last three to five years are an indispensable source of information. They provide insight into the state of the community, planned or approved special assessments, the status of the maintenance reserve fund, upcoming renovation measures, and any disputes within the community. A substantial reserve fund, objective minutes without recurring conflicts, and regularly performed maintenance measures indicate a well-managed community.

Warning signs in minutes include: repeatedly postponed maintenance work, a lack of resolutions regarding obvious defects (e.g., a leaky roof, a broken elevator), frequent challenges to resolutions by individual owners, and resolutions regarding extraordinary special assessments without a discernible reserve fund. We review meeting minutes as part of our purchase consultation and provide prospective buyers with a well-founded assessment.

For existing owners, the minutes serve as the basis for understanding the resolutions passed and, if necessary, challenging them in court within the one-month challenge period under Section 44 of the German Condominium Act (WEG). The period begins with the adoption of the resolution, not with the delivery of the minutes-therefore, we recommend attending every meeting in person or through an authorized representative.

Practical Tip for Owners in Nuremberg

In Nuremberg WEG complexes, particularly in larger communities in neighborhoods such as Langwasser, Nordostbahnhof, or Hasenbuck, which often comprise 50 to 200 units, the quality of meeting minutes varies greatly. Some management companies maintain detailed, legally sound minutes with the full text of resolutions and clear cost allocations-others provide brief, bullet-point minutes that are of little use in disputes.

We advise buyers of condominiums to request the minutes from the last three years prior to purchase and to specifically look for resolutions regarding special assessments, roof renovations, facade insulation, and elevator modernizations. In older residential complexes from the 1960s and 1970s, which are widespread in Nuremberg, costly renovations are often on the horizon. In these cases, well-maintained minutes with a transparent reserve fund strategy are a clear sign of quality in property management-and poorly maintained minutes are a sign that the homeowners’ association may be managed less effectively than it appears.

Frequently Asked Questions

As an owner, am I entitled to the meeting minutes?

Yes, every condominium owner has the right to view the meeting minutes and receive a copy. The property manager is obligated to send the minutes to all owners promptly after the meeting-usually within two to four weeks. In addition, the collection of resolutions must be available for inspection at the property manager’s office at all times. If the property manager fails to fulfill this obligation, the homeowners’ association may seek the release of the documents through legal action or remove the property manager.

Can I challenge a resolution if the minutes contain errors?

Faulty minutes alone do not render a resolution invalid. However, a material error in the minutes-such as an incorrectly recorded voting result or an incomplete resolution text-can serve as grounds for a lawsuit to challenge the resolution. The lawsuit must be filed with the competent local court within one month of the resolution being passed. In Nuremberg, the Nuremberg Local Court (Fürther Straße 110) has jurisdiction. If you have serious doubts about the resolution or the minutes, have a lawyer specializing in condominium law review whether a challenge has a chance of success.

Who prepares the meeting minutes?

As a rule, the minutes are prepared by the WEG administrator, who convenes the meeting and usually also presides over it. However, the homeowners’ association may also appoint another person to take the minutes. It is important that the legally required three signatures (chairperson, one owner, and an advisory board member) are provided to ensure the minutes’ formal validity. Minutes without the required signatures do not trigger the one-month challenge period-which means that, in the event of a dispute, resolutions remain open to challenge for a longer period.

Back to the Real Estate Glossary.