Special Assessment Under the Condominium Act: Resolution, Challenge, and Practice

When the maintenance reserve in a condominium association (WEG) in Nuremberg is insufficient to cover urgent roof repairs or facade renovations, owners turn to a traditional tool: the special assessment. It is a legal mechanism for raising funds quickly-but it carries the potential for conflict during the decision-making process and opens up avenues for legal challenges that owners should be aware of.

Legal Background: Special Assessment under the WEG and BGB

The special assessment is an extraordinary payment made by the condominium owners in addition to the regular maintenance fees. Its legal basis stems from the common ownership relationship among the owners and the decision-making authority under Sections 18-25 of the WEG. The special assessment is not explicitly mentioned in the WEG as a separate legal concept, but rather as a subcategory of the decision-making authority of the owners’ meeting regarding the financing of maintenance and repair measures.

Following the 2020 WEG reform, which took effect on December 1, 2020, the decision-making authority of the owners’ association was significantly expanded. Pursuant to Section 19(2) of the WEG (as amended), the proper maintenance of the common property is part of its proper use. If the maintenance reserve (formerly: repair reserve) is insufficient for a necessary measure, the imposition of a special assessment is a typical consequence.

The Federal Court of Justice has consistently held that the authority to decide on special assessments exists only as long as the measure itself may be decided upon. A resolution on a special assessment must always be preceded by or accompanied by a resolution on the measure-an isolated resolution on a special assessment without an associated measure is contestable and, if necessary, void.

The Nuremberg Local Court and the Nuremberg-Fürth Regional Court regularly handle WEG disputes from the metropolitan region. Local case law closely follows the Federal Court of Justice’s leading decisions, so owners in Nuremberg benefit from a well-established local legal practice.

The special assessment differs from the special allocation: While the special assessment serves to cover specific, immediately incurred costs, the special allocation flows into the maintenance reserve and thus increases the liquidity reserve for future measures. In Nuremberg practice, the two instruments are sometimes confused, which can lead to errors in resolutions. Correct legal classification is important because the same majority requirements apply to special assessments and special allocations, but they have different tax and accounting consequences.

Resolution: Majorities, Allocation Keys, and Formal Requirements

The special assessment is decided by a simple majority vote at the owners’ meeting. Since the WEG reform, the one-vote-per-owner rule has been the legal standard (Section 25(2) WEG): Each owner has one vote, regardless of the size of their co-ownership share-unless the community bylaws provide otherwise.

The amount of the special assessment and the allocation formula must be clearly specified in the resolution. Typical elements of the resolution include: the specific measure (e.g., “Renovation of the roof covering on the front building”), the total amount of the special assessment (e.g., €120,000), the allocation formula (e.g., based on co-ownership shares as specified in the declaration of division), the due date and payment terms (e.g., a single payment 30 days after the resolution is passed or in two installments), as well as the name of the contracted company and the cost estimate.

Special majority requirements apply to structural alterations under § 20 WEG (as amended): Measures that go beyond proper maintenance require a double-qualified majority or even unanimity. The special assessment follows the majority requirement of the main measure.

Type of Measure	Required Majority	Special Feature
Proper Maintenance (Roof, Facade, Heating)	Simple Majority	Standard Case
Modernization and repair	Simple majority	Federal Court of Justice (BGH): Mixed assessment
Structural alteration with opt-in	More than 2/3 and more than 50% MEA	Section 20(1) WEG
Privileged measure (accessibility, e-mobility)	Simple majority	Section 20(2) WEG
Authorization at the request of individual owners	Right to approval	§ 20 (3) WEG

Source: WEG Act (as of WEG Reform 2020 + 2026 amendments), BGB, GNotKG table, Bavarian Justice Portal, Nuremberg/Fürth/Erlangen Land Registry Office, as of Q1/Q2 2026.

The allocation formula for the special assessment generally follows the formula specified in the declaration of division. In condominium complexes with heterogeneous unit sizes-such as a mix of small student apartments and large family apartments, as is frequently found in Nuremberg’s Wilhelminian-era housing stock-the amount per unit calculated based on MEA can vary significantly. A €120,000 special assessment distributed among a condominium association with ten units of 100 MEA each results in €12,000 per unit; with unequal MEA values (e.g., 80-150 MEA), the individual amount ranges from €9,600 to €18,000. Owners should review the calculation before the meeting and address any errors.

Practice: Preparation, Minutes of the Resolution, and Collection

In the practice of Nuremberg condominium management companies, it is evident that a well-prepared special assessment significantly minimizes the risk of legal challenges. The property management company should provide the following documents prior to the owners’ meeting: A reliable cost estimate must be obtained from at least one, preferably two to three, contractors. In Nuremberg, contractor capacity is tight for 2025/2026-cost estimates should be requested well in advance, as wait times of four to eight weeks are common.

The invitation to the owners’ meeting must list the special assessment as a separate agenda item and specify the measure and the total amount. According to Section 24(4) of the German Condominium Act (WEG), the notice period is at least three weeks, although in practice four to six weeks are recommended to give owners sufficient time to prepare. An agenda that merely announces “Miscellaneous” and then unexpectedly resolves a special assessment there violates the principle of proper convening and renders the resolution contestable.

All essential documents should be sent with the invitation: the cost estimate, an overview of the current status of the maintenance reserve, and the proposed allocation of the special assessment among the individual owners. This transparency reduces the risk of a challenge because owners can vote with full knowledge of the facts.

After the meeting, the minutes must be sent to all owners promptly-in practice, within two to four weeks. The minutes must contain the full text of the resolution, including the voting results, the allocation formula, and the specific amounts per unit. Errors in the minutes cannot simply be corrected retroactively; incorrect minutes are a common ground for contesting the resolution.

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The special assessment is collected by the property management company via direct debit or bank transfer to the community’s maintenance account. Owners who do not pay initially receive a reminder; if payment is still refused, the condominium association may file a lawsuit for payment. The Nuremberg Local Court has jurisdiction in these proceedings. Enforcement is relatively swift under condominium law, as resolutions generally remain valid until they are declared invalid by a final court decision. The condominium association bears the litigation risk if a resolution is challenged and the court declares it invalid-in this case, any amounts already collected would have to be refunded.

Challenging Decisions: Deadlines, Grounds, and Jurisdiction in Nuremberg

The process for challenging a special assessment resolution is governed by Section 44 of the WEG. The deadline is one month from the date the resolution was passed-the exact date of the meeting, not the receipt of the minutes, marks the start of this period. The complaint must be filed with the local court where the property is located; for Nuremberg WEGs, this is the Nuremberg Local Court, and for properties in Fürth, the Fürth Local Court.

Typical grounds for challenging special assessments include procedural errors in the notice of meeting (insufficient description of the resolution’s subject matter in the agenda), insufficient information provided to the owners prior to the meeting (lack of a cost estimate), an incorrect allocation formula (deviation from the declaration of division without a resolution), an excessive special assessment without a comprehensible calculation, and violations of the principle of economic efficiency (failure to consider a more cost-effective alternative).

A distinction must be made between contestability and nullity. A null and void resolution is ineffective from the outset and does not need to be contested. Nullity exists when the resolution violates the law or the community bylaws to such a fundamental degree that it cannot have any binding effect-for example, when a resolution is passed regarding a matter over which the owners’ meeting has no authority whatsoever. The distinction between contestability and nullity is important in practice: A contestable resolution is effective until it is declared invalid with legal force; a null and void resolution has no effect from the outset.

In the practice of the Nuremberg-Fürth Regional Court, as the appellate court for WEG matters from the region, actions for annulment are frequently settled through compromise. The parties often agree on a modified special assessment (lower amount, different payment period) or on repeating the resolution process with proper preparation. Owners who believe a resolution is flawed should keep the one-month deadline in mind-it is strict and cannot be extended.

Local Nuance: The Nuremberg WEG Market and Maintenance Backlog

Nuremberg has one of the largest WEG portfolios in Bavaria outside of Munich. Many apartment buildings in neighborhoods such as Maxfeld, St. Johannis, Gostenhof, or in the southern area around Lake Wöhrder were built between 1950 and 1975 and are located in WEGs with a diverse group of owners-some owner-occupiers, some investors. This mix regularly complicates decision-making because interests diverge: owner-occupiers prioritize living comfort and value preservation, while investors prioritize short-term cash flow and the lowest possible operating costs.

The Nuremberg condominium management sector is projected to face a significant shortage of skilled workers in 2025/2026. Property management firms handling 50 to 200 units are numerous in the market, but quality varies widely. Owners seeking to approve a special assessment should verify whether their property management firm has sufficient capacity and expertise to properly handle the preparation and execution of the process. Lack of experience or an overburdened management team are common causes of improper notice of meetings and the associated risks of legal challenges.

According to estimates by the Nuremberg Expert Committee, the maintenance backlog in Nuremberg’s older buildings is significant. Many roofs and facades from the 1960s and 1970s have exceeded their technical service life. Heating systems, elevators, and windows are due for replacement in numerous buildings. At the same time, the maintenance reserves of many homeowners’ associations are underfunded-a direct consequence of years of cutting back on reserves to keep monthly maintenance fees low. Special assessments thus remain a frequently used but regularly underestimated tool.

In neighborhoods such as Langwasser, Gibitzenhof, or Hummelstein, where large residential complexes from the 1970s were divided into homeowners’ associations, extensive renovation measures are scheduled for the coming years. The combination of GEG requirements (heating system replacement), BEG subsidies, and necessary maintenance creates a renovation package that regularly exceeds the maintenance reserve and may require special assessments of €15,000 to €40,000 per unit.

Conclusion for Owners in Nuremberg

The WEG special assessment is a legally established instrument for the short-term financing of maintenance measures; however, formal errors can lead to costly legal challenges. Owners should ensure careful preparation of the agenda, the timely solicitation of cost estimates, proper voting procedures, and clear minutes. If there are doubts about the legality of a resolution, the one-month deadline for filing a challenge must be strictly observed.

Before deciding on major maintenance measures and the associated special assessment, it is worth reviewing the current market value of your property: The valuation tool from leadmarkt.ch takes into account the condition of the property and the market situation in Nuremberg and helps you make informed decisions about which measures will actually increase the value of your property.

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Created by the my-home.de editorial team in collaboration with regional real estate analysts. Data as of: Q1/Q2 2026.