Foundation, rights and obligations

If you purchase residential property in a building that houses several residential units, you automatically become part of the condominium owners’ association (WEG). When you buy the apartment, you buy a leasehold share in the entire building. The amount of the share depends on how large your apartment is in relation to the entire building. While owners of detached houses have complete freedom of design with regard to their residential property, you are more restricted with your own apartment and must bow to the decisions of the majority. This applies, for example, to the exterior paintwork or plans to make structural changes to the garage or to demolish it. The homeowners’ association usually meets once a year and makes important decisions concerning the management and maintenance of the common property.

Various issues affecting the community are discussed at the owners’ meeting. Resolutions can be passed at the meeting if at least 50 percent of the rental property shares are represented by the members of the community. The main points discussed at the meeting include the economic plan for the common property, the annual statement of accounts and accounting or the vote on structural changes to the property. These may include renovation measures or the replacement of windows, for example. Items in the annual economic plan include expenses for waste disposal, winter services or elevator costs for multi-storey properties. The reserve account, in which the house money determined by the community is invested, is important for the annual economic planning. The reserve account is used to finance maintenance measures. Each owner must contribute a proportionate amount to the house allowance; the allocation is broken down by law according to rental property shares. According to the Drinking Water Ordinance, the community is also responsible for having the building’s drinking water tested regularly. In addition, the appointment of the management advisory board and the appointment and dismissal of a property manager are among the tasks of the homeowners’ association. The administrator is responsible for convening the owners’ meeting. If a community of owners is without a manager, for example because the manager has resigned, the meeting can also be convened by the chairman of the management committee, his deputy or jointly by the members of the committee. If there is no one within the community who would like to take on the position of property manager, it is also possible to appoint an external person to manage the property.

There are various forms of joint ownership for a property. Common property includes the land as well as safety-relevant and necessary parts of the house, such as load-bearing walls, ceilings and the roof. Shared facilities such as an elevator or stairwell are also included. Special property includes all components that are not used jointly. This includes everything in the apartment, for example, but also parking spaces that belong to the residential property. Partial ownership is the special ownership of rooms that are not used for residential purposes. For example, a room that is used as an office or law firm is considered part ownership, while the occupied parts of the apartment are considered residential property.

The homeowners’ association performs important tasks and is responsible for property management. Problems sometimes arise within the community. These often concern the necessity and scope of renovation measures. Difficulties can also arise if the house money does not cover the costs of repairs. A harmonious relationship between the members is therefore an essential prerequisite for the smooth running of the meetings.

Translated with DeepL.com (free version)