Homeowners’ Meetings in Germany: How an Eigentümerversammlung Works

A homeowners’ meeting in Germany—Wohnungseigentümerversammlung or Eigentümerversammlung—is where apartment owners make decisions regarding the building’s common property. Through these decisions, they approve the budget, repairs, house rules, the property manager’s work, insurance policies, building renovations, and the rules for using common areas.

The rules are based on the Wohnungseigentumsgesetz (WEG). For apartment owners, this is not a mere formality: even if they do not attend the meeting, the decisions made will generally apply to everyone until a court declares them invalid.

When is the meeting held?

The property manager (Verwalter) must convene a meeting of the owners at least once a year. An additional meeting is held if provided for in the community’s agreements or if more than a quarter of the owners request it in writing, specifying the purpose and reasons.

In practice, an extraordinary meeting is necessary when an issue cannot be postponed until the next annual meeting: emergency repairs, an urgent contract with a contractor, a dispute over common property, a major renovation, or a decision without which the property manager cannot act.

Is attendance mandatory?

The WEG does not require every owner to personally attend the meeting. However, participation is important for three reasons:

• Decisions may affect the amount of the monthly maintenance fee and special assessments;
• Rules for the use of common property are discussed;
• An absent owner usually cannot simply claim later that they were unaware of the decision or did not agree with it.

If you are unable to attend, you can issue a power of attorney. According to the WEG, a power of attorney for voting must be in written form. The Declaration of Division, Community Rules, or management agreement may contain additional requirements for the representative, so it is worth checking them in advance.

What issues are put on the agenda

Typically, owners discuss:

• the annual report and budget;
• the amount of the maintenance fee and the building’s maintenance reserve fund;
• repairs to the facade, roof, entrance hall, pipes, windows, and building services;
• contracts with the property manager, cleaning services, gardeners, insurance companies, and utility providers;
• house rules;
• use of the basement, parking lot, courtyard, bicycle storage areas, and other common areas;
• bauliche Veränderungen - structural changes and renovations;
• Disputes between owners, if they concern common property.

The decisions themselves must relate to the issues specified in the notice of the meeting. If an important topic is not included in the invitation, this can serve as grounds for challenging the decision.

Examples of Topics

Column	What is typically discussed
The area around the building	landscaping, tree care, parking spaces, bicycle area, courtyard paving
Resident Conduct	noise, trash, use of the stairwell, neighbor disputes, compliance with house rules
Utilities and Insurance	cleaning, building insurance, common-area electricity, heating maintenance, utility bills
Individual modifications	air conditioning, balcony, awning, charging station, replacement of windows or doors
Repairs and Modernization	roof, facade, pipes, stairwell, sewer system, energy-efficiency upgrades

The house rules must not arbitrarily restrict the rights of residents and owners. For example, children’s noise, normal visits from guests, reasonable use of household appliances, or maintaining a comfortable room temperature cannot be prohibited as easily as storing items on the staircase. However, specific restrictions regarding time, safety, and the use of common areas may be permissible if they are proportionate and do not conflict with stronger rules.

How Owners’ Meetings Are Convened

Usually, the meeting is convened by the property manager. If there is no property manager or if the property manager unlawfully refuses to do so, the WEG allows the meeting to be convened by the chair of the administrative advisory board, the vice chair, or an owner who has been authorized by a resolution.

The invitation must be in written form. This can be a letter or another written format, provided it clearly identifies the sender, the recipient, the date, the location, the format of the meeting, and the agenda.

Under the current WEG, the notice period for a meeting must be at least three weeks in normal circumstances, unless there is a particular urgency. Therefore, it is best not to use the old “two-week” rule as a current guideline. The Gemeinschaftsordnung may contain more detailed internal rules, but they must not disregard the mandatory requirements of the law.

In-Person, Hybrid, and Virtual Participation

Owners may decide that participants are entitled to participate electronically and exercise all or part of their rights via electronic communication. Following amendments to the WEG, a fully virtual owners’ meeting is now possible: this requires a resolution passed by at least three-quarters of the votes cast, and the duration of such a arrangement is limited to a period of up to three years from the date of the resolution.

The virtual format must be comparable to an in-person meeting in terms of participation and voting capabilities. If technical limitations prevent an owner from participating effectively, this could jeopardize the validity of the decision.

How Votes Are Counted

The basic rule of the WEG is that decisions are made by a majority of the votes cast, and each owner has one vote. If an apartment is jointly owned by several people, they vote as a single unit.

In practice, you need to review the documents specific to that building. The Teilungserklärung or Gemeinschaftsordnung may provide for a different calculation method, such as based on co-ownership shares (Miteigentumsanteile) or by property unit. Therefore, before a contentious vote, it is important to verify which method applies specifically to that particular WEG.

An owner does not vote on matters involving a conflict of interest, for example, if the decision concerns a transaction between the homeowners’ association and the owner or a legal dispute against the owner.

Is there a quorum?

Following the WEG reform, the previous requirement for a mandatory quorum has become less central: the law assumes that decisions are made by a majority of the votes cast, provided the matter has been properly put to a vote and there are no special majority requirements. However, the bylaws of a specific homeowners’ association may contain additional rules, and for certain decisions, the law or agreements may require specific majority thresholds.

In practice, this means the following: you should not assume that the absence of half the owners automatically blocks any decision. However, for major expenses, structural changes, and controversial issues, it is best to check the Teilungserklärung, Gemeinschaftsordnung, and the current legal position in advance.

Minutes and Collection of Resolutions

According to the WEG, minutes (Niederschrift) of the meeting’s decisions must be drawn up immediately. They typically include:

• the location, date, and format of the meeting;
• who chaired the meeting;
• information about the invitation and agenda;
• those present and the powers of attorney submitted;
• the wording of the decisions;
• voting results: in favor, against, abstained;
• Signatures of the persons specified by the WEG and the community rules.

For owners, it is not only a copy of the minutes that is important, but also the Beschluss-Sammlung—the collection of resolutions. The property manager maintains this collection, and the owner has the right to request access to it. If you disagree with a decision, don’t wait for months: the deadlines for filing a lawsuit are calculated from the date the decision was made, not from the convenient moment when you’ve thoroughly reviewed the minutes.

How to Challenge a Decision

If a decision is made in violation of the law, the agenda, the rules for convening the meeting, or an owner’s rights, it can be challenged through an Anfechtungsklage. Under the WEG, the lawsuit must be filed within one month of the decision being made, and the grounds for the challenge must be submitted within two months of the decision being made.

A Beschlussklage (action to challenge a resolution) is filed against the Gemeinschaft der Wohnungseigentümer (community of apartment owners). The competent court is usually determined by the location of the property. If the deadline is missed, the resolution generally remains in effect, except in cases of nullity where mandatory provisions have been violated.

What an owner should check before the meeting

• Did you receive an invitation in the proper form and with sufficient notice?
• Are all important issues included on the agenda?
• What voting principle is specified in the WEG documents?
• Do you need a power of attorney if you cannot attend in person?
• Are there cost estimates, contracts, and expense statements?
• Does the decision affect special property (Sonder-eigentum) or common property (Gemeinschaftseigentum)?
• Is a special majority required for a specific issue?

Conclusion

The owners’ meeting is the primary tool for managing common property in a German building. It is important for apartment owners to read the invitation, review the agenda, attend or grant a power of attorney, and respond promptly to controversial decisions. Regarding deadlines, voting, construction changes, and legal challenges, it is best to refer to the current text of the WEG and the documents of the specific homeowners’ association.