The upcoming modernization of the Condominium Act will bring significant changes for condominium owners. After parliamentary approval the amendment is planned to come into force on January 1, 2022 and is intended to facilitate the enforceability of maintenance and climate-friendly building measures:
- For certain changes made by the owner to his condominium property, a fiction of consent now applies. If there is no of objection and if it is not a “significant and permanent impairment”, from two months after notification, the consent of the other owners is deemed granted. The changes affected by this are: The construction of disability friendly structures, slow charging stations for electric cars, photovoltaic systems, as well as certain shading devices and the installation of burglar-proof doors.
- The facility manager now has a duty to provide information that is intended to facilitate the notification of the other owners. He has to pass on the names and delivery addresses of the other apartment owners.
- Furthermore, the decision making in the condominium owners’ association will be facilitated. Previously, a majority of all the existing co-ownership shares was required for a decision, for example on measures of extraordinary administration. With the amendment, it is now also possible to pass a decision with a two-thirds majority of the co-owners that are present in the meeting and have voted. However, this is only possible as long as at least one-third of the co-ownership shares are present in the decision.
- The monthly allocation of the condominium owner’s reserve is set at a legal minimum of € 0.90 per m². That way it is ensured that sufficient funds are available e.g., for energy-related investments.