Back WEG reform 2020: This is what you need to know as the owner!

On December 01.12.2020st, 2020, the WEG reform XNUMX came into force. The full name of the reform of the law is the Housing Ownership Modernization Act (WEMoG). In general, the WEMoG contains regulations to promote climate protection and age-appropriate living. But what exactly does the owner, the property management company or the tenants have to do? Felix Werner-vom Hove, specialist lawyer for tenancy and housing law, is responsible for corporate law at the MWW Group and answered our questions about the central aspects of the reform in an interview.

Worth knowing: Mr. Werner-vom Hove, what fundamental changes does the WEMoG 2020 contain?

Felix Werner-vom Hove: The Home Ownership Act (WEG) has existed since 1951. It has repeatedly undergone changes over the decades. The last took place in 2007. The reform, which came into effect on December 1, will be the largest the law has ever seen. It will be fundamentally repositioned and realigned. The aim was to harmonize the regulations with tenancy law and e.g. B. to facilitate the decisions of the apartment owners in the areas of accessibility and energetic renovation. In particular, there are more opportunities for owners to make structural changes at their own expense. In addition, the position of administrator will change. Administrators are now representatives of the WEG, which are of course regulated by the apartment owners.

Find out: What do the changes mean for the owners?

Felix Werner-vom Hove: The WEG reform 2020 should enable modernization for individual apartment owners.

Before the reform, there were no clear regulations in some cases. For example, if an owner wanted to have a stair lift installed due to health problems and the other owners did not agree, then it was not so easy to enforce the measure. In tenancy law, the landlord has to tolerate such a measure if the assumption of costs and dismantling upon moving out is regulated. So far, this has not existed in the WEG. This has now been included in the law for the first time.

If owners have future aids such as e.g. B. need a stair lift, you can enforce this claim, as is already the case in tenancy law in § 554 para. 1 BGB is regulated. You can also push through other specific construction measures, even if the other owners are not willing to do so. These include e.g. B. the installation of charging stations for e-cars, measures to protect against burglary, the installation of lifts or elevators or even modern telecommunications. All of this will be easier for owners to implement in the future. However, you must bear the costs of the measure.

Find out: What new rights and obligations do property managers have as a result?

Felix Werner-vom Hove: The administration now acts as the legal representative of the community of owners. This leads to more clarity in external relations. In the interest of the apartment owners, the representation regulation of the WEG has now been made more precise. In practice, there was sometimes uncertainty for potential contractual partners as to whether the administrator was authorized to represent or not. In order to resolve this, the legislature has Section 9b WEG created a legal power of representation of the administrator for the homeowners' association.

It should be emphasized that the provisions on the quorum have been abolished and this is now always the case. In the past, the administrator was required to determine the quorum before each meeting and call a new meeting if necessary. As a result of the reform, it can be sufficient if, for example, only one of 10 owners comes to the meeting.

Find out: To what extent does the 2020 WEG reform affect tenants? Is anything changing for you?

Felix Werner-vom Hove: Tenants are not directly affected by the new law. This is how z. For example, the resolutions on building projects or allocation keys made in the owners’ meeting indirectly affect the tenants.

Worth knowing: Who decides which construction measures require a decision and which do not?

Felix Werner-vom Hove: It always depends on the individual measure. First you should always ask yourself whether the measure is being carried out in the living area. If the owner wants to carry out construction work in his living area (e.g. installing a wall), then he may do so at his own expense and without the consent of the others (but there may be special regulations due to fire protection or monument protection).

When it comes to energy efficiency, you have to decide whether the measure only affects one residential unit or also all other owners, e.g. B. fire protection or insulation of the facade. If it affects other apartment owners, you generally need approval and an agreement on the obligation to bear the costs. However, if none of the other owners agree, there is now the possibility that the owner will bear the costs himself and the other owners will then have to tolerate the planned measure.

Worth knowing: What rights and options do the owners have if the administrator does not fulfill his obligations?

Felix Werner-vom Hove: The legislature has now regulated the new competence in favor of the apartment owners, according to which the property manager can be dismissed. This will stimulate competition among administrators.