{"id":2558,"date":"2025-11-06T17:34:16","date_gmt":"2025-11-06T16:34:16","guid":{"rendered":"https:\/\/notar-sawade.de\/altbeschluesse-der-wohnungseigentuemergemeinschaft-dringend-handlungsbedarf-pruefen\/"},"modified":"2025-11-06T17:34:16","modified_gmt":"2025-11-06T16:34:16","slug":"altbeschluesse-der-wohnungseigentuemergemeinschaft-dringend-handlungsbedarf-pruefen","status":"publish","type":"post","link":"https:\/\/notar-sawade.de\/en\/altbeschluesse-der-wohnungseigentuemergemeinschaft-dringend-handlungsbedarf-pruefen\/","title":{"rendered":"Previous decisions of the condominium owners' association \u2013 urgent need for action to be reviewed"},"content":{"rendered":"

The latest reform of the Condominium Act has significantly changed the conditions under which resolutions passed by a condominium owners' association also apply to buyers and other legal successors. The transitional provision protecting old resolutions expires at the end of 2025. It should therefore be examined whether old resolutions need to be amended.<\/strong><\/p>\n

Agreements and resolutions<\/strong><\/p>\n

The Condominium Act distinguishes between resolutions and agreements. Agreements contain general provisions, such as the intended use of individual units (residential or commercial use). All condominium owners must always participate in agreements. This is not the case with resolutions: they can be passed by a majority and regulate specific individual cases, such as the implementation of specific maintenance measures. Therefore, not all condominium owners are required to participate in a resolution. \u201eFor this reason, a decision by majority vote is only possible if the Condominium Act permits it or if it has been approved by an agreement between all condominium owners,\u201c explains Dr. Philipp Selentin, managing director of the Thuringia Chamber of Notaries.<\/p>\n

The binding of legal successors<\/strong><\/p>\n

This distinction becomes important when it comes to the question of whether purchasers of an apartment are bound by the existing community regulations. \u201eAgreements generally only apply to and against buyers and other special successors if they are entered in the land register,\u201c Selentin continues. \u201eIn the case of resolutions, however, the situation is more complex.\u201c<\/p>\n

On the one hand, the Condominium Act provides for direct resolution in certain cases where a legal provision expressly permits this. Resolutions based on such a legal basis do not require entry in the land register.<\/p>\n

The same applies to resolutions, which were made on the basis of an agreement<\/em>These must be entered in the land register if they are to be valid vis-\u00e0-vis a purchaser. Until now, this problem has not been acute for old resolutions passed before December 1, 2020, due to a transitional provision. However, this temporary protection status expires at the end of the 2025 calendar year. This applies in particular to resolutions based on opening clauses. In terms of content, this may concern, for example, resolutions on the intended use of rooms. From January 1, 2026, they will only be effective against buyers and other successors if they are entered in the land register.<\/p>\n

Next steps<\/strong><\/p>\n

\u201eIn good time before the end of the year, important decision contents should be determined and checked to see whether they need to be entered in the land register in order to avoid them no longer being valid, particularly vis-\u00e0-vis buyers. In particular, resolutions passed before December 1, 2020, and based on an agreement in the community rules (so-called opening clause) should be examined,\u201c summarizes Selentin. \u00a0<\/p>\n

Notaries assist with registration<\/strong><\/p>\n

From establishing a condominium owners' association to entering previous resolutions in the land register, notaries are available as competent contacts in the field of condominium ownership law and also advise on all questions relating to land register procedures.<\/p>\n

You can find further press releases from the media association on all topics related to the notary's office in the Press portal of the media association of the chambers of notaries<\/a>.<\/em><\/p>","protected":false},"excerpt":{"rendered":"

The latest reform of the Condominium Act has significantly changed the conditions under which resolutions of a condominium owners' association also apply to buyers and other legal successors. The transitional provision protecting old resolutions expires at the end of 2025. It should therefore be checked whether old resolutions need to be adapted. Agreements and resolutions The Condominium Act distinguishes between resolutions and agreements. In...<\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2558","post","type-post","status-publish","format-standard","hentry","category-allgemein"],"_links":{"self":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2558","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/comments?post=2558"}],"version-history":[{"count":0,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2558\/revisions"}],"wp:attachment":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/media?parent=2558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/categories?post=2558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/tags?post=2558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}