Homeowners’ association at a glance

A condominium owners’ association (WEG) is a community of owners who own one or more apartments in a common building. So when you buy an apartment unit in a property, you automatically become a co-owner and a part of the community of owners. Explore Real Estate Germany.

The community of owners can be described like this:

Community of all owners of a property.

The community of owners is responsible for the management, maintenance and modernization of the common property. Decisions are made at the owners’ meeting, where each owner has one vote. An administrator is appointed to represent the interests of the owners and is responsible for the management and maintenance of the common property. The condominium owners’ association is a legal entity and can, for example, conclude contracts or appear in court.

Homeowners’ association at a glance:

• A WEG is the community of all owners of a property
• Each owner can represent his right to vote at the meeting of owners
• Each owner has a certain co-ownership share in the common property
• Each member of a WEG must bear costs for the common property
• Each owner is responsible for his or her own special property
• Each owner has to fulfill certain rights and obligations
• Each COA must have certain documents that set out rules and boundaries

Ownership shares and common property

The distribution of property in a condominium owners’ association is defined in the declaration of division. There, it is described in detail which parts of the building are assigned to separate property and which are considered common property.

Each owner has a co-ownership share in the common property of the building, such as the land, the facade, the staircase or the roof. The size of the share depends on the size of the respective apartment in relation to the total living space of the building.

For this purpose, each owner occupies special ownership of his or her apartment. This means that he has sole ownership of his apartment and can use and manage it freely.

This is the right of each owner:

• Co-owner of the common property
• Special ownership of own apartment

Rights and duties of the WEG

Each owner of a condominium association has certain rights and obligations arising from the Condominium Act and the declaration of division. In this section, we will look at these aspects in more detail and explain what rights and obligations an owner has.

The rights and obligations in a WEG include:

• Management
• Maintenance
• Owners’ meeting
• Resolutions

Management and maintenance

The owners are jointly responsible for the management and maintenance of the common property. This includes, for example, the maintenance of the garden, the cleaning of the staircase or the repair of the roof. The costs are apportioned to the owners in proportion to their ownership shares.

This duty has every owner:

• Responsible for common property
• Responsible for internal or external management

Participation in the owners’ meeting

The owners’ meeting is the central body of the condominium owners’ association and is used to make important decisions for the common property. It is therefore important that the owners attend the meeting and express their opinions. However, there is no obligation to attend.

Minutes of the owners’ meeting must be kept and signed by an owner and the administrator. The minutes must contain all resolutions passed and voting results.

Are you interested in the topic of owners’ meetings? Learn more here!

• Owners’ meeting

Voting procedure and resolution

In the owners’ meeting, decisions are made by voting. There are different voting procedures, e.g. simple majority, qualified majority or unanimous decision. A resolution is only valid if it has been properly passed and does not violate any laws or the declaration of division.

House Rules, Declaration of Partition & Co.

In order to regulate the ownership shares in a house with several parties and to guarantee a harmonious living together, a written order is needed. Therefore, every multi-party house has a declaration of division, community rules and house rules.

The house rules are the most important document and, from the legal point of view, the first place to regulate the operation in a multi-apartment building. They are drawn up by the homeowners’ association or the appointed manager and are an obligation for them.

The community rules regulate all regulations and laws for living together in the residential complex and are legally behind the house rules. Since the community rules can be determined by the owners themselves, changes may be decided unanimously at the owners’ meeting.

The declaration of division of a property exists whenever the overall property is split into individual parts, such as individual residential units. It therefore describes the formal division of the property and thereby defines the rights and obligations of the owners.

Order of the WEG at a glance:

• House rules: regulates operation in multi-apartment building
• Community rules: regulates all the rules and laws for living together in the residential complex.
• Declaration of division: thus describes the formal division of the property

Sell pitch: Learn about the sale

Have you already checked whether you are allowed to sell your parking space? Here you will learn the difference between special ownership and special right of use.

Should you know the difference, scroll down directly to the sale: procedure

Special ownership and special right of use: Significance

The distinction between special ownership and special right of use has a big effect on sales – learn why here.

Let’s summarize the “special property” and the “special right of use” quite simply. In terms of renting, it makes no difference. But it does make a difference when selling.

Individual car parking spaces are usually common property.

Therefore, before selling, you must check whether you are allowed to rent your parking space as 1) an authorized user or 2) as a special owner, to rent or also to sell (simply, without the consent of the other owners).

Here you will learn when which case (1, 2) occurrence.

Quickly explained! When does what apply?

Legally (according to the Condominium Act [WEG]), the difference lies in the question a) above ground [special right of use] or b) below ground [special property]. There are exceptions to this, in the case of “closed” rooms, so above-ground garages can also be special property.

When is the sale of your pitch allowed and when not?

Special right of use quickly explained

In the case of the special right of use, no separate sale of the parking space is permitted – at least not without the consent of all owners at the owners’ meeting. The rental itself is exclusively at your discretion. For the sale you need, as said, the consent of the others.

Special right of use:

• Renting easily possible
• Sale only with the consent of all owners

Special property quickly explained

In the case of special ownership, a separate land register sheet is created for the parking space. This means that resale to third parties is possible without any problems.

Special property:

• Rental and sale to third parties easily possible

Regulated in the declaration of partition / partition agreement

When is there a special right of use and when is it special property?

The answer for a specific property can be found in the declaration of partition or partition agreement. Here it has been regulated by the owners’ meeting whether it is 1) special property or whether you “only” have a 2) special right of use to the parking space.

When, which case (in general) is present, regulates the residential property law (WEG). The first, crucial difference arises from the question, is your parking space:

1. Built above ground (parking lot)
2. Or in an underground car park

Above-ground parking spaces (parking lot):

Parking space underground(underground parking):

Exception above ground, enclosed spaces (garages), more on this in a moment:

Special right of use of the parking space

The special right of use, on the other hand, means that you as the owner may use certain parts of the common property alone. Accordingly, in the case of a special right of use, no separate sale of the parking space is permitted without the consent of all owners in the owners’ meeting.

Special right of use is called:

• Sole right of use
• No sale without the consent of the community of owners

Source: WEG §5

Special property at the parking space

As already learned, in the case of special ownership, a separate land register sheet is created for the parking lot, so that resale is possible.

According to the German Condominium Act (WEG), special ownership is largely equivalent to full ownership. Also important, especially for above-ground parking spaces, according to WEG § 3 para. 2, special ownership is only possible for enclosed spaces. This also makes a big difference to the question: Are you allowed to sell your parking space or not?

Special property is called:

• Closed rooms, according to WEG
• Resale possible without reconciliation

Source: WEG §3 (Law on Condominium Ownership and Permanent Residence Law [Wohnungseigentumsgesetz]).

Special property? Above ground / underground (underground parking)

Accordingly, what type of parking space is eligible for special ownership?

• Parking space in underground garage = Yes

Individual underground parking spaces are eligible for separate ownership. In this regard, WEG §3 states extra “Garage parking spaces are considered to be enclosed spaces if their areas are visible by permanent markings”.

Above-ground parking spaces are not eligible for special ownership.

• Parking above ground = No

Exception: Above ground and closed

Exception are here, according to WEG § 3 para. 2 “closed rooms”, such as garages and garage facilities.

The regulation is determined in the declaration of division, the community rules or agreement. If this is missing, all owners registered in the land register must agree to the special ownership (or special right of use).

Step by step: checklist sale

Should you be selling your very first pitch, you don’t have to stray far from the typical real estate sales procedure. The parameters are fundamentally the same, especially if your buyers are capital investors (rentals). It all starts with timing, which also brings you directly to the second question, sell with or without an agent?

Whether it is a parking lot or condominium, the principle is always the same when selling a property. You need to make the final sale decision, you needed the right documents, you need to have your property (parking lot) evaluated by a professional. And so that you are well prepared for your first parking lot sale, here is a comprehensive guide in 18 steps!

Learn everything important here in 18 steps!

Preparation: prepare property and sale

• Financial planning and timing of sale
• Hire real estate agent
• Records and documents
• Increase real estate value
• Determine offer price
• Create exposé

Sales phase: market property and find buyers

• Market real estate
• Contact with prospective buyers
• Filter and select prospective buyers
• Credit check
• Viewing dates
• Sales talk & purchase price negotiation

Sales processing: purchase contract until handover

• Draw up purchase contract with notary
• Notary appointment
• Land register entry and payment processing
• Handover of the property
• Notary fees & broker commission
• Pay taxes

Pitches: Statistics

Especially in Berlin, Düsseldorf, Frankfurt, Hamburg, Cologne, Munich, Stuttgart and other cities with a stable, rising trend in various areas (population, demographics, economy, etc.), parking spaces are in demand. Did you already know: Despite the “climate debate”, the sale of vehicles in this country is increasing every year.

Last year alone, there were 2.92 million new passenger car registrations (source: KBA). According to the KBA, the vehicle population in Germany increased by a full 1.1 million vehicles compared to the previous year’s reporting date to approximately 66.9 million vehicles registered in Germany, a full +1.6%.

66.9 million registered vehicles in Germany

Don’t worry, you will get your parking space sold! The only question is: How much is your parking space / garage worth?

Here again are figures on the sale of passenger cars:

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Now in the Masterclass: AEVO 1 – Checking training requirements.

Becoming a trainer: Fields of activity and preparation for the exam

Here you will find everything you need to know! Get to know the fields of action of the AEVO exam and get practical tips for your final presentation with many examples and videos – all for free! Now in the Lukinski Masterclass:

• AEVO 1 – Check training requirements
• AEVO 2 – Preparing training
• AEVO 3 – Train skilled workers
• AEVO 4 – Completing training
• Presentation – example and concept

Check training requirements

• Present and justify the advantages and benefits of the training
• Company training requirements based on legal, collective bargaining and company framework conditions
• Structures of the vocational training system
• Select training occupations for the company
• Check the suitability of the holding

The following questions represent a large portion of the teaching / exam content and should be mastered by every instructor.

Vocational training and dual system

What constitutes vocational training?

The shortage of skilled workers is present in many areas. Vocational training gives companies the opportunity to train staff based on their own demand planning.

The search for new personnel costs time and money, the hiring is associated with risks. Through targeted training in the company, risks are minimized for new hires.

Dual system, what does that mean?

The dual system refers to the separation of training company and vocational school in the Federal Republic. Both are involved in the training.

What does “permeability” mean in the dual system?

Permeability means that you can move up from one level of educational attainment to the next.

For example, trainees with a secondary general school leaving certificate can also obtain a secondary modern school leaving certificate during their vocational training.

What does personal suitability mean?

Basically, personal suitability means that you are allowed to employ children and young people as a trainer.

The requirement for this, you must not have been convicted of a crime (with a prison sentence of 2 or more years) or have repeatedly / seriously violated the Vocational Training Act. Furthermore you must not

The examination is carried out by the respective competent authorities.

What does professional ability to act / competence to act mean?

Occupational competence is the acquisition of occupational skills, knowledge and abilities that are required for the performance of the training occupation.

What does “professional competence” mean?

Professional aptitude refers to the proven ability to train in the training occupation.

Rules and regulations

Which law regulates vocational training?

The basis for all training occupations is the Vocational Training Act.

Other regulations include:

• Occupational Health and Safety Act
• Youth Employment Protection Act
• Dismissal Protection Act
• Works Constitution Act

Here’s another helpful look at the juxtaposition of the basics around law, statute, and content.

What are the training regulations about?

In the training regulations you will find information on:

• Designation of the training occupation
• Duration of the training
• Training objectives of the profession (skills, abilities and knowledge)
• Training framework plan (guidance on the factual and temporal structure)
• Examination regulation

What does “hierarchy of legal sources” mean?

The “hierarchy of legal sources” refers to the order of precedence of legal sources in the Federal Republic of Germany. First and foremost is the Basic Law.

This is followed by the laws of the parliament, laws of the state parliaments and so on. Accordingly, special agreements such as collective agreements or works agreements may not violate higher-level laws.

Training and goals

What’s your instructor goal?

As a trainer you want to fully impart skills, knowledge and abilities of the training profession.

Learn for free… go on

All questions on “AEVO 1 – Checking training requirements” can now be found here:

Now in the Masterclass: AEVO 1 – Checking training requirements.

AEVO questions: All fields of activity

All fields of activity of the instructor examination at a glance:

• AEVO 1 – Check training requirements
• AEVO 2 – Preparing training
• AEVO 3 – Train skilled workers
• AEVO 4 – Completing training
• Presentation – example and concept

Declaration of division at a glance: Establishment of residential and partial ownership

• Property is divided into co-ownership shares
• Each share of the division shall be connected with the separate ownership of a dwelling or of a room not used for residential purposes
• A notarial certification must be submitted for the land register entry
• Objectives of the declaration of division: Determination of the amount of the shares, qualification of the special property and its purpose of use, guarantee of special rights of use

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