Partial legal capacity (WEG) of the condominium owners’ association

Partial legal capacity (WEG) – Partial legal capacity is the ability to be the bearer of rights and obligations, to participate actively in legal transactions as a legal entity and to sue and be sued in legal proceedings. Partial legal capacity also means that a condominium owners’ association does not have all the rights that a person or institution with legal capacity has. The capacity is enshrined in law in the Condominium Owners’ Act (Wohnungseigentümergesetz, WEG), and determines that the community is the owner of the acquired rights and obligations, it exercises these rights of the owners and performs their obligations.

Split legal capacity (WEG) at a glance: Shared legal capacity of the condominium owners’ association

• Condominium owners’ association as bearer of rights and obligations
• Ability of the condominium owners’ association to actively participate in legal transactions
• Condominium owners’ association does not have all the rights of a legal person or institution
• Exercises the rights and performs the duties of the owners

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Legal capacity – definition and declaration according to the BGB