What condominium owners in Leipzig need to know: A guide to your rights and obligations
For many people, buying a home is a significant step – an investment in the future that brings with it a number of rights and obligations in addition to the obvious benefits. This is especially true in a dynamic city like Leipzig, which is characterized by constant growth and a changing real estate landscape. In Leipzig, where the housing market is attractive for both owner-occupiers and investors, it is essential to familiarize yourself with the specific rights and obligations as a homeowner. In this guide, we provide you with a comprehensive overview of everything you need to know as a condominium owner in Leipzig.
Basic principles of condominium ownership in the German Condominium Act (WEG)
Buying and owning a condominium brings with it not only freedoms, but also obligations and a multitude of legal aspects. In order to understand these, it is essential to familiarize yourself with the basics of condominium ownership, in particular the German Condominium Act (WEG).
The German Condominium Act, originally introduced in 1951 and last amended in December 2023, forms the legal basis for the division of a building into individual condominiums and the organization of coexistence within a condominium owners’ association. It defines how condominium ownership is established and regulates the rights and obligations of the owners both among themselves and in relation to the common property.
The German Condominium Act distinguishes between special ownership, common ownership and partial ownership. Individual property refers to the individual units (e.g. the actual apartment, cellar compartments) that belong exclusively to the owner. Common property comprises parts of the building and property that belong to all owners jointly (e.g. stairwell, exterior walls). Partial ownership, on the other hand, relates to rooms that are not used for residential purposes, such as commercial units within the building. With the reform of the German Condominium Act in 2020, significant changes were introduced, which we have summarized for you in an article. To the article Changes to WEG law 2024
For more in-depth reading, we recommend the complete legal texts and further information, which can be found at dejure.org, among other places.
Your rights as a condominium owner in Leipzig
Below you will find an overview of the most important rights to which you are entitled:
- Use of your own apartment and the communal areas: The right to use your own home and the common property areas includes both the option to occupy your home yourself and to rent it out. Here are some important points about both options:
- Self-use
- As a condominium owner, you have the primary right to use your apartment yourself. This includes the right to design your apartment according to your wishes, as long as these changes do not interfere with the common property or affect the rights of other owners.
- You are also entitled to use the communal property areas, such as gardens, roof terraces or fitness rooms, subject to compliance with the house rules and the resolutions of the condominium owners’ association.
- Letting
- You may rent out your condominium and generate income from it. The rental must comply with the applicable laws and the house rules. It is advisable to inform your tenants about the house rules and the rules of the condominium association.
- When renting, you are still responsible for paying the house rent, which is used to maintain the communal property and cover ongoing operating costs.
- The rights of your tenants are protected by tenancy law, which imposes obligations on you as the landlord, such as the obligation to maintain the rented unit and to comply with the provisions on protection against dismissal.
- Voting rights and participation in the owners’ meeting: Every owner has the right to participate in the annual owners’ meeting and to co-decide on important community matters. Voting rights are normally distributed equally, regardless of the number of units owned.
- Right to information and access to administrative documents: As an owner, you have the right to inspect all relevant administrative documents. This includes the minutes of the owners’ meetings, the business plan and annual accounts, which give you a transparent overview of the financial situation of the community of owners.
- Right to proper management and maintenance of the common property: The management must ensure that the common property is properly maintained and managed. This includes the obligation to ensure adequate reserves for maintenance measures. Since 2020, the administrator has been able to decide independently on measures of minor importance in order to make management more efficient. There is also the option of insisting on a certified administrator who has been audited by a chamber of commerce and industry. This provides an additional layer of security with regard to the competence of the administrator
Responsibility in your own home: the duties of homeowners
As a condominium owner, you not only have rights, but also assume a number of obligations that are essential for harmonious coexistence within the condominium community. Here is a detailed look at these obligations:
- Contribution obligations: Apportionments and maintenance reserve: Each condominium owner is obliged to contribute to the house allowance, which is used for the running costs of the common property and for an appropriate maintenance reserve. This reserve is intended for future repairs and maintenance work on the common property. The exact amount of the contribution is usually decided at the annual owners’ meeting and depends on the size of the apartment and the agreed expenses of the community.
- Obligation to comply with the house rules and peace and quiet: Peaceful coexistence requires rules. The house rules, which are adopted by the community of owners, serve precisely this purpose. They regulate coexistence and ensure that all residents can enjoy their rights without interfering with others. Compliance with these rules is mandatory for every owner.
- Maintenance and repair obligation for the separate property: While the common property is maintained jointly, the responsibility for the separate property – i.e. your own apartment – lies with you. This includes the obligation to keep your unit in good condition and to repair it if necessary in order to prevent damage to the building as a whole. The consent of the community may be required for changes that go beyond your separate property.
- Duty to attend the owners’ meeting: Attending the annual owners’ meeting is an essential duty of every condominium owner. This is where important decisions are made regarding the management of the common property, the annual statement of accounts and the level of contributions. Your vote and your commitment are important for the development of the entire residential complex.
Conflicts among condominium owners: Causes and solutions
Various issues can lead to conflicts in homeowners’ associations. Here are some common points of contention and suggestions on how they can be resolved:
- Common property and its use: Differences often arise due to differing opinions on the use of common property, such as gardens or corridors. Clear regulations and agreements within the community can provide a remedy here.
- Amount of the house allowance and maintenance reserve: There is often disagreement on the question of how much everyone should pay into the maintenance reserve. Open discussions and a transparent presentation of the finances can help to reach a consensus here.
- Composition of the management advisory board: The election of the management advisory board can also lead to disputes, especially if individual members misunderstand their role. Clear communication about the tasks and importance of the advisory board can provide clarity here.
- Implementation of maintenance measures: Disagreements about necessary maintenance measures are also common. Prioritizing the measures based on necessity and urgency can be a solution.
Conclusion: the basis for cooperation in the community of owners
In our guide, we have highlighted the key points of the rights and obligations of condominium owners in order to promote harmonious coexistence in condominium communities. Knowledge and understanding of these aspects are the key to resolving and avoiding conflicts. If you have any questions or need support, we are always here to help. Contact us for personal advice and assistance on all aspects of condominium ownership.
FG Fröhlich & Gottas Hausverwaltung GmbH – Your property, our priority
Are you looking for a competent and reliable condominium and rental management company in Leipzig? FG Fröhlich Gottas Hausverwaltung GmbH is at your side with a comprehensive range of services. From commercial to technical management – find out all about our services and how we can successfully manage your property. Contact us now to find out more about our services. We look forward to hearing from you and finding the best solution for your property management together!
