Law & Politics

Condominium ownership law in practice

WEG Reform 2020: What Berlin property owners need to know

Germany's reformed condominium ownership act (WEG) has been in effect since December 2020. After nearly two years, the changes are reshaping how owners' associations operate in Berlin.

Peter Guthmann

Peter Guthmann

Germany's reformed Condominium Ownership Act (WEG) took effect on 1 December 2020. After nearly two years in practice, the changes are clearly felt by property owners and building managers across Berlin. The reform aimed to simplify administration, make renovations easier, and bring more digital processes into building management. Four areas matter most for owners and investors.

Quorum and owners' meetings

Previously, owners' meetings often failed because too few owners showed up to reach a quorum. That problem is gone. Under the new rules, a meeting is always quorate, regardless of attendance. In large Berlin buildings with many international or busy professional owners, this speeds up decision making considerably.

Formal hurdles have also been lowered. Invitations, proxies, and written resolutions on individual topics can now be sent in text form, including by email. The notice period is three weeks. Online participation is possible if the community votes to allow it and at least one owner attends in person.

Voting now follows a simple majority of votes cast. The previous constructs of unanimous consent, qualified majority, and double qualified majority have been abolished.

Easier structural modifications

Every apartment owner can now request reasonable structural changes at their own expense. Specifically facilitated are: EV charging stations, accessibility upgrades, burglar protection, and fibre optic connections.

In Berlin, demand for charging infrastructure is rising fast, especially in central boroughs like Mitte and Charlottenburg-Wilmersdorf. Cost allocation depends on the vote: if a measure passes with two thirds of votes and more than half of co-ownership shares, all owners pay. With a simple majority, only those who voted yes bear the costs.

The new role of the building manager

The building manager now holds a position comparable to a managing director. Externally, they can act largely independently on behalf of the community. As a counterbalance, owners can dismiss the manager at any time without stating a specific reason. The management contract continues for six months after dismissal.

Owners also have a new right to demand a certified manager with recognised professional qualifications. This requirement applies to new appointments from December 2023 onward.

What owners should know

The WEG reform has made managing apartments in Berlin more flexible. Modernisations are easier to push through and meetings run more efficiently. At the same time, owners should understand the new majority rules and cost allocation provisions, as these directly affect property values and the broader market development. Anyone buying or owning a unit in a condominium should request the resolution log, since past resolutions are binding on successors even without a land registry entry.

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