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What are the co-ownership regulations
When multiple people own a building, such as an apartment block, agreements apply regarding the management, use, and the rights and duties of all co-owners. These agreements are laid down in the co-ownership regulations.
The co-ownership regulations are a legal document that forms part of a building's articles of association. They determine how the common areas are managed, what rights and obligations the co-owners have, and how decisions within the Owners Association (VME) are made. The goal is to organize communal living and the management of the building in a clear and transparent manner.
What can be included in the co-ownership regulations
The content of co-ownership regulations can vary from building to building, but generally includes the following topics:
- The division of the private and common areas of the building.
- The shares of each co-owner in the common areas.
- The rules for the use of common areas, such as entrance halls, elevators, hallways, parking garages, and gardens.
- The distribution of common costs and the method by which these are calculated.
- The organization and powers of the Owners Association (VME).
- The powers of the Property Manager.
- The functioning of the general meeting and the voting rules.
- The procedure for carrying out maintenance and renovation work.
- The rules for modifying private areas when these may influence the common areas.
- Any restrictions regarding the use of apartments, for example concerning professional activities or rentals, insofar as these are legally permitted.
Who decides on the content
When an apartment building is established, the co-ownership regulations are drafted and included in the articles of association. Subsequently, the regulations can be adjusted whenever the co-owners so wish.
Changes are discussed and approved during the general meeting of the Owners Association. Depending on the subject, the law prescribes which majority is required to approve a change. For certain significant changes, a qualified majority or even notarial intervention is required.
The Property Manager carries out the decisions of the general meeting, but cannot change the regulations on their own initiative.
Why is it important to comply with the regulations
The co-ownership regulations are binding for all co-owners. Tenants must also comply with the provisions when they relate to the use of the building. Furthermore, the owner is responsible for ensuring that their tenant is aware of the applicable rules.
By respecting the regulations, conflicts are prevented and the building remains safe, well-maintained, and pleasant to live in.
What are the consequences if the regulations are not followed
Anyone who does not comply with the co-ownership regulations may face various consequences.
In the first instance, the Property Manager or the Owners Association will usually address the person concerned and request that the violation be stopped. If the breach persists, further measures may follow, such as:
- A formal notice of default.
- Legal proceedings to enforce compliance.
- An order to restore the original state if changes were made to common areas without permission.
- Compensation if the violation has caused damage to the co-ownership or to other residents.
- The recovery of additional costs resulting from the violation, if this is provided for by law or regulation.
In some cases, the court may impose measures to end the violation or prevent further damage.
Conclusion
The co-ownership regulations form the basis for good management and smooth cooperation within an apartment building. They establish clear rights and obligations for all co-owners and contribute to a pleasant living environment. Therefore, it is important that every owner and resident takes note of the content and complies with the rules correctly. This avoids discussions and ensures the co-ownership continues to function efficiently and harmoniously.
The co-ownership regulations are more than a set of rules: they are the basis for respectful communal living, smooth management, and a harmonious co-ownership.
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